s^y^^-i 


^  \t  V^. 


IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


1.0 


I.I 


12.5 


Ui|28 

■u  122   12.2 

Ht   U°    12.0 


M 


L25||U|J4 

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Sciences 
CorporatiGn 


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23  WfST  MAIN  STMIT 

WIUTIR.N.Y.  145M 

(7l6)l7a'4S03 


CIHM/ICMH 

Microfiche 

Series. 


CIHIVl/ICIVIH 
Collection  de 
microfiches. 


C.n.dtan  l«.,.,u«  f.,  Hh.«.c..  M.c,.™p,oduc,l,„.  /  ,„.,«„,  c.™dl«,  d.  mlc,,«p™duC.n.  h....H,u» 


Technical  and  Bibliographic  Notaa/Notat  tachniquaa  at  bibliographiquas 


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n/ 


n 


D 


D 


D 


D 


Coloured  covers/ 
Couverture  de  couleur 


I      I    Covers  damaged/ 


Couverture  endommagia 


Covers  restored  and/or  laminated/ 
Couverture  restaur6a  et/ou  pelliculAe 


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D 


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Only  edition  available/ 
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I      I   Quality  of  print  varies/ 

I      I   Includes  supplementary  material/ 

I     I   Only  edition  available/ 


Til 
to 


Th 
po 
of 
fill 


Or 
be 
th( 
sk 
ot 
fir 
sic 
or 


Th 
shi 
Til 
wt 

Ma 
dif 
9n\ 
be( 
rigl 
req 
ms 


Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  refilmed  to 
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Les  pages  totalement  ou  partieilement 
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Ce  document  est  film*  au  taux  de  reduction  indiqu6  ci-dessous. 

10X  14X  18X  22X 


26X 


30X 


y 

12X 


16X 


20X 


24X 


28X 


32X 


■•ym^wv-tr^ 


The  copy  filmed  hare  has  been  reproduced  thanks 
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Archives  of  Canada 

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first  page  with  e  printed  or  illustrsted  impres- 
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The  lest  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  ^»>  (meaning  "CON- 
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whichever  appiies. 

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L'exemplaire  filmA  fut  reprodult  grflce  il  la 
gtnArosltA  de: 

La  bibiiothique  des  Archives 
publiques  du  Canada 

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plus  grand  soin,  compte  tenu  de  la  condition  at 
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conformity  avec  les  conditions  du  contrat  de 
filmage. 

Les  exemplaires  originaux  dont  la  couverture  en 
papier  est  Imprlmte  sent  filmte  en  commen9ant 
par  Ie  premier  plat  et  en  terminant  soit  par  la 
darnlAre  page  qui  comporte  une  empreinte 
d'Impression  ou  d'illustration,  soit  par  Ie  second 
plat,  salon  Ie  cas.  Tous  les  autras  exemplaires 
originaux  sent  fllm6s  en  commenpant  par  la 
premiere  page  qui  comporte  une  empreinte 
d'Impression  ou  d'illustration  et  en  terminant  par 
la  dernlAre  page  qui  comporte  une  telle 
empreinte. 

Un  des  symboles  suivants  apparaltra  sur  la 
dernlAre  Image  de  cheque  microfiche,  selon  Ie 
ces:  Ie  symbols  — ^  signifle  "A  SUIVRE",  Ie 
symboie  ▼  signifie  "FIN". 

Les  cartes,  planches,  tableaux,  etc.,  peuvent  Atre 
fllmfo  A  des  taux  de  reduction  dlff6rents. 
Lorsque  Ie  document  est  trop  grand  pour  Atre 
reproduit  en  un  seul  clichA,  11  est  f  ilm6  A  partir 
de  I'angle  sup6rieur  gauche,  de  gauche  A  droite, 
et  de  haut  en  bas,  en  prenant  Ie  nombre 
d'Images  n^cessaire.  Les  diagrammes  suivants 
illustrent  la  mtthode. 


1  2 

i 
I 


32X 


1 

2 

3 

4 

5 

6 

^■^• 


#•■ 


€rt.-tf  ^*T 


,■  I' 


'^\ 


THE    DECISION 


or 


THE    KIIVG  OF   THE    NETHERLANDS 


CONlilliKltl'U    l!4    KKI'KRENCl:    Tu    THE    RIUUIl   oi' 


THE  UNITED  STATES, 


t' 


AND  OF 


THE   STATE  OF   MAINE 


\V-,-o,  *T>\\:.\;   '';'r*'u\^^-   ,      'U.V-  ,u. 


Ml 


;| 


» 


PORTLAND 

PRINTED  BY  THOMAS  TODD. 

1831. 


^h 


rt.-lf'^'T-IK^'S' 


><« 


The  author  of  the  following  numbers  wnj  led  to  prepare  ihrin  onH  to  present  them 
in  their  present  form  hy  the  repeated  siiggeslion  orsrverul  nl'liis  fellow  citizens,  who 
take  a  deep  interest  in  the  snhjeet  to  which  they  relate.  If  the  (|neslion  were  one 
of  trifling  importanoe  and  temporary  character, — if  the  singe,  to  which  the  prp('ee<l- 
iiigs  hn\e  arrived,  and  the  course  proposed  to  he  pursued  in  regard  to  them  did  not 
iuvi'lvc  dot'.rines  extending  to  the  fundamental  principles  of  our  political  federative 
syslom  of  government,  he  certainly  would  not  have  intnuled  himself  at  this  moment 
iipnu  the  notice  of  the  puhlie.  Itui  Maine  protests  against  being  condemned  un- 
heard. 8ho  solicits,  she  demands  as  an  act  of  juMice  of  her  sister  Slates,  of  the 
United  Stales,  of  the  high-minded  Representatives  of  the  Stales  and  of  the  People 
of  the  United  Statics,  the  Senators  and  Members  of  Congress,  a  patient  and  thorough 
invesligalion  before  pronouncing  a  decision.  She  asks  of  them  not  to  search  for 
plausible  pretexts  in  order  to  get  rid  of  an  uncomfortable  subject  and  relieve  them- 
selves from  a  supposed  present  inconvenience ;  but  to  deal  out  to  her  ibat  measure  of 
even-handed  justice,  which  shall  tend  to  give  strength  and  durability  to  the  union  by 
strengthening  the  confidence  of  the  individual  Slates.  He  has  subjuineil  intin  Ap- 
pendix the  letter  of  Mr.  Preble  to  Mr.  McLane  of  STnh  January,  1831,  considering 
it  as  presenting  a  succinc  abstract  of  the  wliolc  merits  of  the  original  controversy. 
He  has  added  extracts  from  the  oilicial  report  of  Mr.  Dcane,  and  from  a  letter  of 
Mr.  Kavanagh  as  explanatory  of  the  origin  of  the  Madaw  asca  settlement  and  the 
progress  of  provincial  ISrilish  encroachment  and  usurpation.  Final'y ,  he  has  ap- 
pended extracts  from  tlie  Argimients  of  the  Agent  on  the  part  of  Great  Kritain 
under  the  Treaty  of  17!H,  with  a  letter  from  the  British  Minister,  then  rcsi<lent  at 
Washington,  in  order  that  in  connection  with  the  debate  in  Parhamenl  on  the  pre- 
liminary articles  of  1783,  the  perfect  understanding  of  all  parties,  in  regard  to  the 
highlands  of  the  treaty  may  be  seen  without  further  research,  LINCOLN. 


*  *. 


•'■       IV   .,,. 


♦    >. 


•I*- 


'♦"     A  J 


m  is-  ■'*^"'m  "■ 


-'.,     ■vgf'.- 


">  pn>scn(  ihpin 
w  citizens,  who 
slloii  wrre  one 
•li  llie  prprccd- 
!>  Ihom  fliil  not 
cal  fcilcriuive 
>'  lliis  moment 
)nilcinnc(l  uu- 
Stales,  of  tho 
"'■  llie  Peojile 
ami  thorough 
I"  search  for 
<'''cve  ihem- 
il  measure  of 
•he  union  by 
<l  in'hn  Ap. 
eousiclerine 
'ontroversy. 
'  a  lelier  of 
;nl  and  the 
he  has  op- 
eat  Hriiain 
resident  at 
n  the  pre- 
Bfd  to  the 
COLN. 


No.    1. 

Power  of  thk  Arbiter.. ..Intention  of  Parties.. ..QueS' 
TioN  Submitted.. ..Opinion. 

We  assume  it  as  a  principle,  not  to  be  contested,  that  as  the 
United  States  and  Great  Britain  stood  in  relation  to  each  other 
and  to  the  Kinc  of  the  Netherlands  as  independent  nations,  the 
King  of  the  Netherlands  had  no  power  whatever  over  any 
question  or  difference  between  the  United  States  and  Great 
Britain,  beyond  what  those  two  governments  expressly  and  by 
mutual  agreement  delegated  to  him.  It  was  not  for  him  to 
extend  his  powers  by  remote  inferences,  of  which  he  was  to 
constitute  Inmself  the  sole  judge,  nor  to  enlarge  and  aid  his 
jurisdiction  by  indefinite  and  latitudinarian  construction.  It 
was  not  for  him  to  assume  the  ofhce  and  attributes  of  a  friendly 
coi  .pounder,  governed  by  no  rule  or  principle  but  his  own 
discretion,  unless  such  an  office  and  such  powers  were  solemn< 
ly  and  expressly  conferred  upon  him  by  the  high  parties  inter- 
ested. Let  us  now  turn  our  attention  to  the  Treaties  and  Con- 
vention between  the  United  States  and  Great  Britain,  which 
relate  to  this  subject,  in  order  to  ascertain  what  powers  were 
delegated  to  the  Arbiter. 

The  treaty  of  independence  of  1783  provides — "And  that 
"all  disputes,  which  might  arise  in  future  on  the  subject  of  the 
"Boundaries  of  the  said  United  States,  may  be  prevented,  it 
"is  hereb'  agreed  and  declared,  that  the  following  are  and 
"shall  be  uieir  boundaries,  viz :  from  the  north-west  angle  of 
"Nova  Scotia,  viz :  that  angle  which  is  formed  by  a  line  drawn 
"due  north  from  the  source  of  the  St.  Croix  river,  to  the  high 
"lands,  along  the  said  high  lands,  which  divide  those  rivers, 
"that  empty  themselves  into  the  river  St.  Lawrence  from  thotse 
"which  fall  into  the  Atlantic  Ocean,  to  the  north  westernmost 
"head  of  Connecticut  river;    *******    East, 


i 


*»  : 


■j«- 


'*''\  *», 


.  .,-t^*^*"5i;b,^ 


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v.. 

,1 


:)».• 


I 


'r-  f 


"by  a  lino  to  be  drawn  along  the  middle  of  tlie  river  St.  Croix, 
"from  its  mouth  in  the  bay  of  Fundy  to  its  source ;  luid  from 
"its  source,  directly  north,  to  tlie  aforesaid  high  iuuds,  which 
"divide  the  rivers  that  fall  into  llio  Atlantic  Ocean  from  those 
"that  fall  into  the  river  St.  Lawrence." 

The  Treaty  of  Ghent  of  1814,  recites,  "Whereas,  neither 
''■that  ■point  of  the  high  lands  lying  due  north  from  the  source 
"of  the  river  St.  Croix,  and  designated  in  the  former  treaty  of 
"peace  between  the  two  powers,  as  the  north  west  angle  of 
"Nova  Scotia,  nor  the  northwcslci  nmost  head  of  Connecticut 
"river,  has  yet  been  ascertained;  and  whereas,  that  part  of  <Ac 
'^boundary  line  between  the  dominions  of  tiie  two  powers, 
"which  extends  from  the  source  of  the  river  St.  Craix,  directly 
"north  to  the  abovementioned  northwest  angle  of  Nova  Scotia, 
"thence  along  the  said  high  lands,  which  divide  those  rivers 
"that  empty  themselves  into  the  river  St.  Lawrence,  from 
"those  which  fall  into  the  Atlantic  Ocean,  to  the  northwcstem- 
"most  head  of  Connecticut  river;  thence  down  along  the 
"middle  of  that  river  to  the  forty-fifth  degree  of  north  latitude, 
"thence  by  a  line  due  west  on  said  latitude  until  it  strikes  the 
"river  Iroquois  or  Cataraguy  ;  has  not  yet  been  surveyed"  &£c. 

Excluding  from  the  present  inquiry  what  has  no  relution  to 
it,  or  relates  exclusively  to  tl.i;  northwcstemmost  head  of  Con- 
necticut river  and  the  forty-fifth  parallel  of  latitude,  it  is  mani- 
fest the  sole  point  drawn  ui  question  by  the  parties  to  the 
Treaty  of  Ghent,  was  the  precise  place  on  the  surface  of  the 
earth  of  the  northwest  angle  of  Nova  Scotia,  it  being  mutually 
understood  and  solemnly  agreed  by  the  parties,  as  it  had  before 
been  done  by  them  in  the  Treaty  of  1783,  tliat  the  angle  in 
question  was  to  be  found  at  a  point  due  nortli  from  tlie  source 
of  the  river  St.  Croix  and  on  the  highlands,  or  point  dc  por- 
tage, which  divide  those  rivers  that  empty  themselves  into  the 
river  St.  LawTence  from  those  which  fall  into  the  Atlantic 
Ocean.  This  place,  or  point  thus  situated,  the  parties  agree 
"had  not  yet  been  ascertuned,"  and  the  straight  line  due 
north  from  the  source  of  the  St.  Croix  to  that  point  and  the 
line  from  thence  aloi^  said  highlands  westerly  "had  not  yet 
been  surveyed."  "For  these  several  purposes"  the  Treaty 
provides,  "two  Commissioners  shall  be  appointed."  It  would 
be  difHcult  perhaps  to  describe  and  define  the  objects  and 
powers  of  the  Commissioners  in  terms  more  precise  and  less 
liable  to  misconstruction.  Under  :iie  solemn  obligations  of  an 
oath  "to  examine  and  decide  impartially,"  they  were  author- 


HtJ  .>- 


1^ 


■%>»*v-^/,' 


itWH,1'|Pi»*fWHHw 


y«!^ 


■'■  . '  ♦ 


verSt.  Croix, 

rcc;  and  from 

lauds,  which 

ail  from  those 

ereas,  neither 
)in  the  source 
•iiier  treaty  ol" 
vest  ungle  of 

Connecticut 
at  part  of  the 
two  powers, 
'•■oix,  directly 
Nova  S<;otia, 

those  rivers 
wrence,  from 
lorthwestem- 
n  along  the 
prth  latitude, 
it  strikes  the 
rvcycrf,"  &c. 
o  relation  to 
lead  of  Con- 
e,  it  is  inani- 
arties  to  the 
rface  of  the 
iiig  mutually 
it  had  before 
he  angle  in 
n  tJie  source 
nnt  dc  par- 
Ives  into  the 
he  Atlantic 
arties  agree 
ht  line  due 
lit  and  the 
<td  not  yet 
the  Treaty 

It  would 
abjects  and 
se  and  less 
tions  of  an 
!re  author- 


1' 


iKed  and  recjuired  "to  ascertain  and  determine  the  point.'' 
"aforesaid  in  conformity  with  the  provisions  of  liic  Treaty  of 
"peace  of  17H;),  and  to  cause  the  boundary  aforesaid  from  the 
"source  of  the  river  St.  Croix  to  the  river  Iroquois  or  Catara- 
"guy,  to  be  surveyed  and  marked  according  to  the  said  pro- 
"visions." 

The  said  Commissioners  were  also  required  to  "make  a 
map  of  said  boundary"  and  to  "particularize  the  latitude  and 
"longitude  of  the  northwest  angle  of  Nova  Scotia."  It  was 
further  agreed,  that  in  the  event  of  the  two  Commissioners 
difl'ering  ujwn  all  or  any  of  the  matters  so  referred  to  them, 
they  should  "make  a  report  or  reports,  staling  in  detail  the 
"points  on  which  they  differed,  and  the  grounds  upon  which 
"their  respective  opinions  were  formed."  And  the  hij;h  par- 
ties interested  "agreed  to  refer  the  report  or  reports  to  some 
"friendly  sovereign  or  State,  who  should  be  reciuested  to  de- 
"cide  on  the  diU'erenres,  which  should  be  stated  in  the  said 
"report  or  reports."  And  the  high  parties  interested  "engaged 
"to  consider  the  decision  of  such  friendly  sovereign  or  State 
"to  bo  final  and  conclusive  on  all  the  matters  bo  referred." 
The  decision  of  the  Arbiter,  therefore,  was  to  be  on  the  mat- 
ters so  referred.  The  matters  so  to  be  rrfcrred,  were  solely, 
exclusively,  and  expressly,  limited  to  ascertaining  that  point  of 
the  high  lands  desciibe<l  by  the  Treaty  lying  due  north  of  the 
.source  of  the  river  St.  Croix  where  was  to  be  found  the  north- 
west angle  of  Nova  Scotia,  and  to  the  "impurtiaC^  ^'■surveying" 
and  '^marking"  on  the  surface  of  the  earth  ''in  conformity 
tvith  the  provisions  of  the  Treaty  of  pence  of  1183,"  of  u 
portion  of  the  boundary  line  of  the  United  States,  as  prescribed 
by  that  Treaty — to  wit :  "that  line  drawn  from  the  soiace  of 
"the  St.  Croix  river  directly  north  to  the  aforesaid  highlands, 
"which  divide  the  rivers  that  fall  into  the  Atlantic  Ocean,  from 
"those  which  fall  into  the  river  St.  Lawrence  ;"  thence  "along 
"the  said  highlands  which  divide  those  rive  »;  iliat  enqity  them- 
"selves  into  the  river  St.  liawrence,  from  ti  v.  uhich  fall  into 
"the  Atlantic  Ocean,  to  the  northwesternmos  head  of  Con- 
"necticut  river,  etc." 

In  attempting  to  nin  and  mark  this  line  as  agreed  by  the 
parties,  the  British  New  Brunswick  Agent  absurdly  contended 
that  the  height  of  the  land  which  bounds  the  southern  border  of 
the  basin  of  the  St.  John  and  separates  the  rivers  that  fall  into 
the  St.  John  from  those  which  fall  into  the  Penobscot,  with  a 
slight  deviation  so  as  to  meet  Mars  Hill,  standing  on  the  south 


>  \ 
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side  of  lliu  St.  .loliii  hcUMTii  two  of  its  triliiitary  slri'uins,  t"«)n- 
stituli's  tlif  lii^li  IuikIs  wliit.-l)  divide  (Iiohu  rivers  timt  (Miiply 
lliuiMSfivLs  into  (lie  river  St.  Lnwrcncc  from  those  which  full 
into  tlio  Athuitic  Ocean.    Tiie  United  States,  on  the  other  hand, 
contendud  thiit  tiie  liiglilands  of  the  Treaty  were  those  which 
liiid  always  been  known  as  such  and  Ixinnded  the  bason  of  tho 
St.  Lawrenco  on  tho  south  side  of  that  river.     Hence  arose 
the  (|uestion,  "which  are  the  highlands  described  by  tho  Treaty 
of  US)  as  dividing  those  rivers  that  empty  themselves  into 
the  river  St.  Lawrence  from  those  that  fall   into  the   Atlantic 
Ocean ;  at  a  point  on  which  said  highlands  due  north  from  tho 
source  of  the  river  St.  Croix  it  was  agreeil,  was  to  be  found  at 
the  date  of  said  Treaty  the  northwest  angle  of  iNova  Scotia  ? " 
(.living  to  the  language  of  tho  Treaty  of  Ghent  a  liberal  con- 
struction with  a  view  to  the  declared  intentions  of  the  parties  this 
was  the  question,  and  the  sole  (|uestion,so  far  as  Maine  is  con- 
cerned, sid)mitted  by  the  Convention  of 'iJUh  September  I85i7, 
to  the  Arbiter.     "It  is  agreed,"  says  that  C'onvention,  "that  the 
"points  of  dillerence  which  have  arisen,  in  the  settlement  of  the 
"U)undary  **  as  described  in  the  fifth  article  of  the  Treaty  of 
"Ghent  sliall  be  referred  as  therein  provided  to  some  friendly 
"Sovereign  or  State  who  shall  be  invited  to  investigate  and 
"make  a  decision  upon  such   points  of  dilFerence."     Again 
"the  map  A.  **  has  been  agreed  on  by  the  contracting  partieii 
"as  a  delineation  of  the  water  courses,  and  of  the  Iwundary 
"lines  in  reference  to  the  said  water  courses,  as  contended  for 
"by  each  parly  respectively."   Instead  of  deciding,  or  pretending; 
to  decide,  the  question  raised,  which  resolved  itself  simply  into 
"the  point"  of  departure  "to  be  ascertained,"  as  described  and 
established   by    the  Treaty  of   1183,  the   Arbiter  studiously 
avoids  doing  so ;  and,  after  suggesting  certain  pretended  difficul- 
ties, proceeds  to  recoiinnend  a  totally  diiTerent  and  new  line  of 
bounilary,  repugnant  to  the  Treaty  and  at   variance  with  the 
agreement  of  the  jiarties,  viz :  the  bed  of  a  river  instead  of 
highlands  dividing  rivers. 

The  language  and  description  of  the  treaty  is  as  definite 
and  precise  and  free  from  all  obscurity  as  it  is  possible  for 
hiunan  language  to  be.  "A  line  drawn  from  the  source  of 
the  river  Ht.  Croix  directly  north  to  the  highlands  which 
divide  the  rivere  that  fall  into  the  Atlantic  Ocean  from  those 
which  lUll  into  the  river  St.  Lawrence,  along  the  highlands 
which  divide,"  &.c.  I-anguage  equivalent  to  this  is  familiar  in 
tlie  treaties  of  Europe.     It  is  of  no  consequence  to  such  a 


M 


h 


(loscriplion  wlictlior  tlic  Innds  wlik-li  divide  tlip  rivois  nrc  iiiorr 
or  loss  clevatiid.  'I'hn  principle  of  dividiii|;  the  rivers  and 
not  that  of  height,  is  the  governing;  prinri|)le.  Compare  this 
language  with  that  of  the  recommendation  of  tlie  King  of  the 
Netherlands — ^'A  line  drawn  due  north  from  the  source  of  (he 
river  St.  Croix  to  the  point  where  it  intersects  the  middle  of 
the  deep  bed  of  the  river  St.  John,  thence  along  the  middle  of 
the  deep  bed\of  that  river  ascending  to  the  point  where  the 
river  St.  Francis  empties  itself  into  the  St.  John,  thence  along 
the  middle  of  the  deep  Led  of  the  river  St.  Francis  ascending 
to  the  source  of  its  southwesternmost  branch,  thence  a  line 
drawn  due  vest"  to  tiie  highlands  whif-h  divide  the  rivers 
and  thence  along  th_  higiilands.  Here  us  we  iiavc  already 
remarked  we  not  only  have  the  bed  of  a  river  instead  of  high- 
lands dividing  rivers,  but  from  the  source  of  the  river  selected 
wo  have  a  due  west  course  to  the  highlands  instead  of  a  due 
north  course.  If  we  take  a.  ma|)  of  the  coinUry  am'  by  aid  of 
it  examine  and  compare  the  description  and  boundary  of  the 
treaty  with  that  of  the  line  of  the  Arbiter,  no  language  can 
make  the  discrepancy  more  plain,  or  more  perfectly  demonstrate 
that  the  Arbiter  has  undertaken  to  make  a  new  treaty  for  the 
|)artics  instead  of  executing  those  already  in  existence  between 
them. 

We  have  said  the  question  in  its  largest  extent,  before 
the  Arbiter,  was,  "which  are  the  highlands  of  the  treaty." 
Strictly  and  more  correctly  speaking  the  question  raised  and 
submitted  was  'where  is  the  northwest  angle  of  Nova  Scotia,' 
it  being  acknowledged  and  agreed  by  the  parties  that  said  angle 
is  on  highlands  of  a  certain  definite  description.  The  question 
raised  by  the  Agents  of  the  two  Goveniments  under  the  Treaty 
of  Ghent  involved  simidy  the  point  of  departure,  as  described 
and  established  by  the  Treaty  of  1783,  and  recognized  by  the 
Treaty  of  Ghent.  This  was  emphatically  the  question  dis- 
cussed, and  on  which  the  (Commissioners  differed.  Whatever 
was  said  in  regard  to  highlands  was  said  solely  with  a  view 
to  establish  the  point  of  departure.  When  that  "point"  should 
be  once,  "ascertained"  as  required  by  the  Treaty  of  Ghent, 
there  wfs  n.o  difference  of  opinion  between  the  Commissioners 
as  to  the  place  of  the  boundary  line  or  the  manner  in  which  it 
should  run  to  or  from  the  point  ascertained.  Here  all  were 
agreed.  The  New  Brunswick  Agent  had  not  the  face  to 
claim,  nor  the  British  Commissioner  the  hardihood  to  sanction 
or  suggest  any  other  manner  of  running  the  line  from  the  point 


> 


I 


-f 


r 

I 
1 ,  ( 


.  i  ^ 

I 

r 


,V  1 


«it"  ilfimriiiic  wlicii  usi'ciliiiiird.  tliiiti  Hiirli  as  was  pri'scriht'ii  l»v 
iIk^  'Jiffity.  viz,  Rlonu;  liij^liliinds  dividing  hmts — His  IN'otlier- 
liind  Miijcsty  haviiin  seluclod  the  bed  of  the  'river  St.  John  as 
tl»c  point  of  dojiartinn  was  nwart;  that  iho  ('oinmi.s!*ionen 
woidd  be  embarrassed  in  any  attempt  to  run  from  thence  nlunf^ 
hii!;hluiids  dividing;  ri*'  "s.  Hence,  not  to  decide  existing  |)oints 
of  dill'erence,  but  sue.  is  probably  would  arise,  ho  pi-oceeds 
){;rHtuitously  to  sn^i^ust  that  the  line  should  not  be  drawn  from 
the  ()oint  of  departure  along  hii^hlands  dividing  rivers,  but  up 
river. 

It  is  wortliy  of  remark,  and  it  is  but  an  act  of  justice  to  the 
Arbiter  to  remark  in  this  place,  that  in  givitig  his  advice  on  thin 
branch  of  the  subject  before  him,  lie  does  not  make  use  of  the 
language  of  decision  (il  doit  circ  comidire)  but  studiou.sly 
employs  that  of  recommendation  (il  convicndra)  that  is  to 
say  that  in  his  opinion  the  line  he  pru|)uso.s  would  be  u  suitable 


one. 


No.  2. 

Recommrndation  not  Odi,io\tort. 

m 

We  have  stated  in  our  fortner  number  that  in  order  to  ascer- 
tain the  powers  of  the  Arbiter  \\c  nnist  look  into  the  agreement 
of  the  parties,  that  is  to  say,  into  the  Treaties  and  Convention 
between  the  United  States  aiul  Great  Britain.  Tliere  is  in  such 
ca.ses  from  the  very  nature  of  the  transaction  no  implied  power. 
Every  man  feels  within  him,  a.s  the  dictate  of  common  sense, 
that  a  consciousness  of  the  delicacy  of  the  oflice,  and  a  proper 
respect  for  the  hii;h  parties  interested,  impose  it  as  a  rule,  tnat 
the  arbitrating  St)vereign  should  never  take  upon  himself  to  ex- 
tend the  limited  special  powers  delegated  to  him,  beyond  the 
most  plain,  obvious  meaning  of  the  solemn,  express  stipulations 
of  the  parties.  It  is  not  only  indelicate, — it  savors  of  assump- 
tion in  such  cases  to  resort  to  inference  and  construction  in  order 
to  enbrgc  his  authority.  To  maintain  that  the  Arbiter  is  the 
sole  judge  of  the  powers  delegated  to  him  and  of  the  measure 
of  his  discretion,  is  to  confer  upon  him  the  power  to  make  trea- 
ties for  the  parties  as  well  as  to  execute  them. 

When  the  King  of  the  Netherlands  was  invited  by  the 
United  States  and  Great  Britain  to  accept  the  functions  of 
Arbiter,  copies  of  the  Treaties  and  Convention  under  which  he 


'  >' 


*%* 


was  to  net,  were  (tlaced  in  \m  liaiv's  in  order  that  lie  might 
t'lilly  conipruiiond  thu  nntiiro  and  exivtU  of  the  powers  delegated. 
Ten  days  afterwards  he  returns  an  answer  by  his  Minister  of 
Foreign  Alliiirs  in  which  acknowledging  the  receipt  nf  the  invi- 
tation to  accept  "/ei  j'onctimu  d*ArMtre"  and  uiti'hin|»  a 
high  value  to  thi8  mark  orcoiitideiice  lie  accc^)t.s  {"Irs  Jntictioni 
d'Arbitre" )  the  functions  of  Arbiter.  Such  was  the  language 
of  his  Majesty,  when  after  mature  consideration  with  the  Trea- 
ties and  Convention  l)efore  him,  he  concluded  to  accent  the 
high  honor  the  United  States,  in  compliance  with  the  wishes  of 
Great  Britain,  had  agreed  to  unite  in  conferring.     If  in  the 


States  would  have  been  unfaithful  to  themselves  and  wanting  in 
duty  to  the  States  immediately  interested,  if  they  had  not  forth- 
with taken  the  necessary  measures  to  correct  the  misapprehen- 
sions of  his  Majesty.  But  at  that  moment  there  was  no  such 
misanprehcnsion. 

We  are  led  to  inquire  how  it  was  that  after  the  lapse  of  tuo 
years,  after  the  revolution  in  France,  after  the  successful  revolt 
m  Belgium  and  at  the  time  when  unable  to  sustain  himself, 
he  was  calling  upon  England  as  his  "fl//y,"  to  fulfil  her  treaty 
8ti|)ulatioiis  in  which  she  had  guaranteed  to  him  the  integrity  of 
his  kingdom,  how  it  was  I  say,  that  he  found  himself  under  this 
great  t-hange  in  bis  position,  invested  with  new  and  enlarged 
powers  having  accepted  as  his  decision  informs  us  "Ics  /unc- 
tions d' Arbitrateur.'  This  term  "arbitrateur,"  as  my  author- 
ities inform  me,  is  not  properly  a  French  word  any  more  than 
TiMi  priiu  or  habeax  corpus  are  English  expressions.  It  is  a 
term  simply  of  French  law  and  inemis  a  "friendly  compounder." 
"Arbitre"  on  the  contrary  implies  no  such  power  to  relax  troin 
strict  right.  Boniface,  one  of  the  best  lexicographers  in  Fnmrc, 
thus  iioints  out  the  distinction  of  which  we  nre  speaking. 
"Arbttrateur,  (terme  rie  loi,)  amiable  compositeur,  a  qui  on 
"(hmne  la  liberti  de  se  relacher  du  droit: — PArbitre,  au  con- 
"traire,  doit  guarder  les  formalitis  de  justice."  Who  but  a 
lawyer,  ready  to  resort  to  the  most  paltry  subterfuges  of  the 
profession,  would  ever  have  hud  recourse  to  such  a  substitution  of 
terms  in  order  to  give  countenance  to  the  conversion  of  certain 
limited  and  specific  powers  into  those  of  unlimited  discretion. 
Even  this  substitution  of  terms,  and  the  new  and  more  extended 
powers  to  be  derived  from  it,  were  not  satisfactory  to  the  Arbi- 


It' 


^ 


\ 


.1 


f 


10 

tcr's  niiiid.  He  was  conscious  that  he  was  not  caiTjing  into 
efTect  the  Treaty  of  1783,  nor  confining  himself  within  the 
powers  delegated  nor  discharging  the  functions  of  Arbiter,  as 
l»rescribed  by  the  Treaties  and  Convention  between  the  parties 
intei-ested.  Hence,  though  in  deciding  the  question  submitted 
in  regard  to  the  northwestemmost  head  of  Connecticut  river, 
he  makes  use  of  the  appropriate  language  of  decision,  (il  doit 
etre  considere)  when  he  gives  his  advice  in  regard  to  that  \mt- 
tion  of  the  line,  in  which  Maine  is  more  immediately  interested, 
he  as  already  remarked,  studiously  avoids  the  language  (»f 
decision  and  substitutes  that  of  simple  recommendation  (il 
conviendra. ) 

We  have  seen  that  the  express,  declared  and  sole  intent  of 
the  fifth  article  of  the  Treaty  of  (Jhent  was  to  provide  for  the 
surveying  and  marking  on  the  surface  of  the  earth,  in  conform- 
ity with  the  treaty  of  1783,  a  portion  of  our  boundary  as  de- 
lincd  and  described  by  that  treaty.     The  language  employed 
in  that  description  is  so  definite  and  precise,  that  it  professes  of 
itself  to  preclude  and  jirevent  all  dispute  on  the  subject  of 
boundaries.     In  the  debate  in  the  House  of  Commons,  17tli 
February,  1783,  on  the  preliminary  articles,  T.  Pitt  contended 
that  "the  great  excellence  of  the  Treaty"  was  that  it  so  "clearly 
"and  so  plainly  described  the  limits  ol  the  dominions  of  Great 
"Britain  and  America,  that  it  was  impossible  they  could  be 
"mistaken,  therefore  it  was  impossible  there  should  in  future  bo 
"any  dispute  between  them  on  the  score  of  boundaries."    This 
curious  debate,  as  well  as  that  in  the  House  of  Lords  on  the 
same   day,   pro^'e  incontestibly  that  the  boundaries  as  now 
claimed  by  the  United  States,  were  then  understood  by  the 
British  Ministry  and  by  both  Houses  of  Parliament  to  be  the 
boundaries  described  and  established  by  the  Treaty.    The  very 
objection  that  "the  line  of  boundary  delivered  Canada  and 
"Nova  Scotia  fettered  into  the  hands  of  the  American  Con- 
"gress,"  and  that  "the  passes  and  carrying  places"  were  all 
delivered  up  to  the  Americans,  was  then  urged  by  the  Earl  of 
Carlisle  and  others  in  the  Lords  and  by  several  speakers  in  the 
House  of  Commons ;  but  what  is  perhaps  more  in  point,  the 
highlands  of  the  Treaty  north  from  the  source  of  the  river  St. 
Croix  were  expressly  recognized  as  tho.se  '■^near  the  river  St. 
Lawrence."     Notwithstanding  these  and  other  objections,  the 
preliminary  articles  were  approved,  and,  on  the  3dof  Septcm- 
oer  following,  the  definitive  Treaty  of  1783  was  signed.    There 
was  no  pretence  or  suggestion  made  at  that  day  by  any  person 


A 


i 


It 


tliat  llie  hoiindnries  pirsrnboil  by  the  Treaty  were  or  could  be 
any  othor  thuii  those  now  contended  for  by  the  United  States. 
The  engraved  Map  of  "The  Kebel  Colonies,"  published 
at  Liondon,  JiHth  Feb.  1783,  by  tlie  reporter  of  tlie  debates  in 
I'arliunient,  on  the  preliminary  articles  as  illustrative  of  and  to 
accompany  those  debates,  removes  every  possible  doubt  on  the 
subject.  At  the  date  of  the  treaty  of  1794,  the  only  question 
which  it  was  supposed  could  arise  in  regard  to  the  boundaries, 
as  prescribed  by  the  treaty  of  178JJ,  related  to  the  river  St. 
Croix  and  its  source.  This  difficulty  was  provided  for.  The 
boundaries  of  178^1  were  recognized  by  the  treaty  of  1794  ; 
and  in  executing  tiie  provisions  of  this  latter  in  regard  to  the 
St.  ('mix  and  its  source,  the  higldands,  as  now  claimed  by  the 
United  States,  were  then  recognized  as  "the  highlands"  of  the 
treaty  by  the  British  Agent.  What  was  the  ti-ue  intention  of 
the  parties  a.s  expresscid  in  their  .solemn  stipulations  in  the 
treaties  of  Paris  and-  Ghent,  therefore,  is  too  manifest  to  admit 
of  doubt  or  cavil.  There  is  no  room  for  inference  or  con- 
struction. 

Has  the  Arl)itcr  carried  into  effect  that  intention, — has  he 
even  professed  to  do  so  ?  We  contend  if  he  had  professed  to 
do  so,  that  \w  has  connnitted  such  a  gross,  palpable  and  self- 
evident  mistake,  Uiat  no  Court  of  Chancery  would  ever  con- 
firm or  carry  into  edect  such  an  award.  We  contend  that  he 
had  no  nutnority  (iclogatod  to  liiiii,  oilier  than  what  was  given 
for  the  sole  and  express  purpose  of  carrying  into  full  effect, 
without  variation  or  modidcation,  the  treaty  of  independence. 
He  was  no  more  authorised  to  de|)art  from  that  Treaty  than  the 
Comniission«!rs  who  were  under  oath  "to  ascertain  and  deter- 
mine in  conformity  witii  its  provisions."  Who  can  maintain 
that  the  United  Stales  ever  did  consent  to  refer  to  a  humble 
dependent  «%  of  Great  Britain  the  question  whether  the 
Ti-eaty  of  their  indejwndence  should  be  repealed  either  in 
whole  or  in  part  ?  We  maintain  that  the  Arbiter  does  not  pro- 
fess to  carry  into  effect  that  Treaty,  but,  on  the  contrary,  does 
nrofuss  to  roconnnend  a  new  line — he  does  not  decide  which 
js  the  Treaty  boundary,  but  merely  recommends  one,  which, 
under  the  influence  then  operating  upon  him  he  thought  mi^ht 
be  a  suitable  one.  We  maintain  that  he  not  only  went  aside 
and  beyond  the  specific  powers  delegated  for  a  special  purpose, 
but  that  it  is  evident  he  was  conscious  he  was  doing  so ;  and 
hence,  assuming  to  act  in  a  new  and  difibrent  capacity,  he 
employed  the  language  of  recommendation  and  not  that  of 


, 


♦    ■• 


13 


i 


I  r 


h  f 


decision.  VVc  contend,  therefore,  that  excepting;  perhaps,  in 
respect  to  the  northwestemniost  head  of  Connecticut  river, 
his  opinion  imposes  no  obligation  on  the  United  States,  but  is 
merely  void.  Nor  is  the  good  faith  of  the  United  States  in 
the  slightest  degree  committed.  They  have,  to  the  utmost 
extent,  ililfilled  every  treaty  stipulation.  They  have  done 
more :  They  have  suffered  to  be  drawn  in  question  what  was 
not  susceptible  of  doubt.  They  have  sufiered  a  bold  and 
reckless  invasion  on  their  rights  perj^ietrated  under  color  of  the 
Treaty  of  Ghent.  They  have  discussed  a  question  which 
they  never  ought  to  have  listened  to  for  a  moment.  As  well 
might  they  have  discussed  the  question,  "Shall  the  United 
States  remain  free  and  independent  ?"  Nay,  lest  it  should  be 
urged  that  acquiescence  on  their  part  in  the  award  was  to  be 
presumed  from  silence  and  delay,  the  Minister  of  the  United 
States  at  the  Hague  entered  his  caveat,  notifying  all  parties 
interested  that  the  rights  of  the  United  States,  whatever  they 
might  be,  must  be  regarded  as  reserved  to  them  in  their 
full  extent,  without  their  being  supjwsed  to  be  committed  by 
any  constnictive  assent  or  acquiescence.  The  rights  of  the 
State,  therefore,  to  its  territory,  remain  unimpaired,  and  the 
obligations  of  the  United  States,  arising  under  the  hazard- 
ous stipulations  of  the  Treaty  of  Ghent  and  the  Convention 

of  1827,  have  been  fully  redeemed. 

.;■■,:•  i  t*-:' 


No.  3. 


Recohhendation   how  made  Obligatory... .Treaty  mak- 
ing POWER.. ..Limitation.  , 

The  doctrine,  which  we  are  disposed  to  maintain  is,  that 
neither  the  whole  nor  any  portion  of  the  territory  of  a  State, 
can  be  taken  from  it  without  the  consent  of  the  State  interest- 
ed, whether  Tor  the  purpose  of  being  attached  to  another 
State,  erected  into  a  new  State,  or  transferred '  to  a  foreign 
power.  It  is  very  certain  that  the  principle  which  will  justify 
the  taking  of  a  part  will  justify  the  taking  of  the  whole,  and  if 
one  State  may  thus,  without  its  consent,  be  put  out  of  the  pale 
of  the  Union,  so  may  more.  The  constitution  of  the  United 
States  assumes  to  "guarantee  to  every  State  m  this  Union  a 
republican  form  of  government,"  and  "to  protect  each  of  them 


V    I 

I 


18 


against  invasion."  How  is  this  guaranty  fulfilled  when  a 
State,  or  a  portion  of  it,  is  voluntarily  abandoned  by  the  United 
States  in  tune  of  ;;>eace,  transferred  to  a  foreign  power,  and 
placed  under  a  monarchical  government,  the  State  itself  mean- 
while constantly  remonstrating  and  protesting  against  the  pro- 
ceeding ?  Congress  is  vested  with  the  power  to  dispose  of 
the  territory,  or  other  property  belonging  to  the  United  States, 
but  even  here  it  is  expressly  provided  that  nothing  in  this 
constitution  shall  be  so  construed  as  to  prejudice  any  claims  of 
any  particular  State.  Waiving  for  the  moment,  however, 
this  branch  of  the  subject,  it  appears  to  the  writer  of  these 
observations,  that  unless  the  constitution  in  its  prescriptions,  as 
well  as  in  its  guaranties  and  limitations,  is  no  longer  to  be  re- 
garded— the  only  mode  in  which  a  State  or  States,  or  any 
gortion  of  a  State  can  be  peaceably  transferred  by  the  United 
tates,  to  a  foreign  power.  Is  by  Treaty  or  in  pursuance  of 
Treaty.  We  say  peaceably,  because  in  time  of  war  a  State  or 
several  States  might  be  conquered  by  a  foreign  power,  and  it 
might  be  impossible  for  tlie  unconquered  portion  of  the  United 
States  to  reconquer  the  territory  lost.  In  such  a  case  the  rights 
of  States  and  of  the  United  States  arc  alike  swept  away  by  vio- 
lence. The  constitutional  obligation  to  defend  the  territory  and 
repel  invasion,  is  suspended  by  the  want  of  physical  power  to 
fulfil  it.  Cases,  in  which  the  rights  of  States  and  of  the  United 
States  are  wrested  from  them,  and  each  is  compelled  to  submit  to 
superior  physical  force,  afibrd  no  rule  of  construction,  either  as 
respects  the  powers  of  the  United  States  or  the  rights  of  a  State 
under  the  constitution.  Cases  like  these  are  analogous  to  the 
theoretical  right  of  resistance  in  a  people.  It  is  said  to  exist  un- 
der all  forms  of  government,  but  is  recognized  by  the  constitution 
and  laws  of  no  government.  The  constitution  of  the  United 
States  makes  no  provision  for  the  supposed  case  of  conquest. 
The  statesmen  and  heroes,  who  had  achieved  our  independ- 
ence, and  who  fiwned  that  instrument,  would  have  blushed  to 
recognize  in  it  that  such  an  event  was  possible.  They  pro- 
vided for  mutual  defence,  but  not  for  submission  ;  for  defending 
the  territory  of  each  and  repelling  mvasion,  but  not  for  trans- 
ferring or  surrendering  up  a  State,  or  any  portion  of  a  State,  to 
the  mother  country,  or  to  any  other  foreign  power.  These  princi- 
ples come  in  aid  of  the  positions  we  have  already  endeavored 
to  maintain,  that  it  was  and  must  have  been  the  sole  intent  of 
the  stipulations  in  the  Treaty  of  Ghent  and  the  Conven- 
tion regulating  the  submission  to  an  arbiter,  to  provide  for  car- 


■i 

.,,4' 


v 


r  * 
I 

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1: 


li 


i*^ 


IIS  I 

ki  i 

I    i 


h 


rylng  into  full  and  complete  effect,  without  v<iriati()n  or  moditi- 
cation,  the  Treaty  of  1783.  But  to  return  to  the  mode  of 
transferring  the  territory  of  a  State  by  the  United  States  to  a 
foreign  power.  We  have  said,  waiving  the  question  of  assent 
of  the  State  interested,  it  must  be  by  Treaty  or  in  pursuance 
of  Treaty.  If  the  recommendation  of  the  king  of  the  Neth- 
erlands, were  a  decision  in  pursuance  of  the  Treaties  and 
Convention  between  the  United  States  and  Great  Britain, 
simply  carrying  into  effect  the  manifest  intent  of  the  stipula- 
tions, in  strict  accordance  with  the  provisions  of  those  Treaties, 
without  the  assumption  on  his  part  of  any  power  not  expressly 
delegated  to  the  Arbiter; — such  a  decision  would  have  been, 
in  good  faith,  equally  obligatory  as  if  inserted  in  the  body  of  a 
formal  Treaty.  But  for  reasons  already  explained  in  preced- 
ing numbers,  that  recommendation  has,  it  is  believed,  no  such 
binding  efficacy,  but  is  merely  void.  It  can  therefore  be- 
come obligatory  only  by  being  formally  accepted.  It  can  have 
the  effect  of  Treaty  only  by  being  ratified  by  the  Treaty 
making  power.  The  President  may  reject,  on  his  own  re- 
sponsibility, but  it  requires  not  only  his  assent,  but  that  of  two 
thirds  of  the  Senators  present,  to  give  to  an  instrument  the 
validity  and  force  of  Treaty.  Further,  the  constitution  of  the 
United  States  provides  that,  "This  constitution  **  and  all 
"Treaties  made,  or  which  shall  be  made,  under  the  authority 
"of  the  United  States,  shall  be  the  supreme  law  of  the  land." 
But  can  the  constitution  itself,  or  any  of  its  provisions,  its  obli- 
gations and  guaranties,  be  repealed  by  Treaty  ?  We  contend 
not.  Such  a  doctrine  would  give  unhmited  and  uncontrollable 
power  over  the  rights  and  liberties  and  persons  and  property 
of  the  people  and  the  States,  to  the  President  and  two  thirds 
of  the  Senate.  If  tliey  can  modify  or  repeal  the  constitution 
in  part,  they  can  wholly  change  it,  or  repeal  it  altogether.  It 
is  no  answer  to  say  there  is  no  danger  that  such  men  will  ever 
abuse  their  authority.  The  people  of  the  United  States  hold 
their  rights  and  liberties  at  the  will  of  no  man,  or  body  of  men, 
however  respectable.  The  very  form  and  pressure  and  genius 
of  our  institutions  are  opposed  to  such  a  doctrine.  The  Treaty 
making  power  is  subordinate  to  the  constitution  and  necessarily 
limited  and  restrained  by  its  provisions. 

NoTC.    The  debates  and  map  referred  to  are  to  b«  fouud  in  Bew's  Political  Mag- 
azine, London,  1783,  vol.  4, 


M>v- 


13 


No.   1. 


Consent  or  a  State  necessary  to  the  cession  of  its 

Territory. 

In  examining  a  constitutional  question,  it  will  not  be  forgot- 
ten that  the  government  of  the  United  States  is  not  a  govern- 
ment uiiliiiiited  and  absolute  in  its  powers,  but  of  special  and 
modified  sovereignty.     It  can  neither  bind  the  States,  nor  the 
people  of  the  United  States,  in  all  cases  whatsoever.      But 
the  i)ower  to  transfer  a  State  to  a  foreign  government  necessa- 
rily implies  an  absolute  and  unlimited  control  over  the  political 
institutions  and  existence  of  a  State,  and  over  the  persons  and 
property  of  its  citizens  and  inhabitants.     If  the  United  States 
may  transfer  a  State  without  its  consent  to  a  limited  monarchy, 
like  that  of  Great  Britain,  they  may  transfer  it  to  an  absolute 
one,  like  that  of  Russia.     Such  n  doctrine  at  once  annihilates 
all  pretence  of  State  Rights  and  State  Sovereignty.     In  prin- 
ciple there  is  no  difference,  in  tiie  claim  or  exercise  of  such 
a  jKJwer,  whether  applied  to  a  part  of  a  State  or   to    the 
wholu  ;  whether  the  population  on  its  territory  be  scattered  or 
dense ;  whether  the  State  be  nnnote  and  feeble,  or  central 
and  powerful.     These  latter  considerations  might  address  some 
grave  tjuestions  to  the  discretion  of  the  government,  but  they 
affect  not,  in  the  slightest  dt'gree,  the  abstract  principle  of  its 
vested  and  rightful  powers.     If  we  turn  to  the  constitution  of 
the  United  States,  we  find  enumerated,  among  the  declared 
motives  and  objects  in  view,  in  framing  and  adopting  it,  those 
of  "forming  a  more  perfect  union," — "providing  for  the  com- 
mon defence,"  and  "securing  the  blessings  of  liberty  tooui-selves 
and  our  jwsterity."     In  pursuance  of  these  objects,  the  United 
States  undertake  expressly  to  "guarantee  to  every  State  in  this 
Union  a  republican  form  of  government,"  and  to  "protect  each 
of  them  against  invasion."     As  the  United  States  assumed  up- 
on themselves  this  paramount  obligation,  it  became  proper  to 
guard  against  the  peace  of  the  nation  being  committed  by  hos- 
tile external  operations  on  the  part  of  a  State.     Hence  tlie  con- 
stitution provides  that  '^no  Utate  shall,  without  the  consent  of 
Congress,    *     *     *    engage  in  war,  unless  actually  invaded," 
or  in  such  imminent  danger  as  will  not  admit  of  delay.     Again, 
to  prevent  all  misconception  of  the  extent  and  mejiiing  of  its 
provisions,  it  is  further  declared  "the  powers  not  delegated  to 
the  United  States  by  the  Constitution,  nor  prohibited  by  it  to 
the  States,  are  reserved  to  the  States  respective! ij,  or  to  the  peo- 


m 

n 


m 


i 


I 


Ml? 


I* 


16 


(  1 


m 


pit'.''  WImtefer  surrenders  of  power  therefore,  w8re  made  on 
the  part  of  tlie  States  to  the  United  States,  it  is  clear,  if  reser- 
vations in  a  coitipact  for  the  benefit  of  the  weaker  party  mean 
any  thing,  each,  as  originally  a  sovereign  and  independent  pow- 
er, did  reserve  to  itselt  its  pristine  right  of  repelling  all  invasion, 
and  maintaining  the  integrity  of  its  dominion  and  territory. 
What  ih)ntier  or  Atlantic  State  would  have  consented  to  enter 
the  Union,  if  by  doing  so,  she  placed  herself  helpless  at  the 
mercy  of  every  invader,  provided  the  United  States  should  be 
slow  or  remiss  in  fulfilling  their  guaranties  ?  What  State  would 
have  become  a  party  to  a  contract,  which  rendered  her  liable  to 
be  delivered  up,  in  spite  of  remonstrance,  to  a  foreign  despot, 
whenever  a  majority  of  States,  yielding  to  a- time-serving  and 
selfish  policy,  should  think  it  cheaper  and  less  troublesome  to 
barter  away  and  abandon  her,  than  to  defend  her.  Surely  we 
are  not  to  be  told  seriously  that  the  United  States  may  right- 
fully relieve  themselves  from  all  constitutional  obligations,  in 
regard  to  an  individual  State,  by  transferring  that  State  to  a  for- 
eign power ;  in  other  words  that  they  can  cancel  a  wrong  done 
to  a  State  by  perpetrating  an  outrage  against  it.  These  a(e  not 
the  principles,  and  this  is  not  the  operation  of  the  constitution, 
the  object  of  so  much  pride  and  tlie  theme  of  so  much  praise. 
The  sages  who  formed  it  are  obnoxious  to  no  such  charges,  as 
such  a  construction  of  its  provisions  implies. 

It  was  not  their  intention  to  reduce  the  States,  then  sovereign 
and  independent,  fresh  from  the  contests  of  the  revolution, 
proud  of  their  freedom  and  jealous  of  encroachment,  to  the  con- 
dition of  humble,  dependent  provinces,  at  the  mercy  and  sover- 
eign disposal  of  the  United  States.  Their  object  was  the 
reverse.  It  was  to  preserve  the  rights  of  all  and  to  produce  a 
conspiring  and  consenting  action  of  the  whole,  for  the  common 
defence  and  the  welfare  of  the  whole,  as  made  up  of  the  wel- 
fare of  all  and  each  of  the  parts.  While,  therefore,  they  pro- 
vided that  the  United  States  "shall  protect  each  State  against 
invasion,"  they  did  not  deprive  the  States  of  the  power  to 
protect  themselves.  They  foresaw  that  notwithstanding  the 
most  express  and  solemn  guaranties,  the  United  States  might, 
from  various  causes,  be  hesitating  and  backward-m  discharging 
their  duty  towards  a  particular  member.  Hence  certain  pro- 
visions in  regard  to  the  militia,  and  the  express  recognition  of 
the  right  in  each  State,  with  or  without  the  consent  of  the 
United  States,  to  defend  its  own  territories.  Nor  is  it  for  the 
United  States  to  say  to  an  individual  Stati;,  you  may  repel  in- 


1^': 


fir 


,      .17 

V  m      ■ ' 

vasioii  from  tliis  section  of  your  territory,  but  not  from  that* — 
'you  may  oxprcise  iurisdiction  and  protect  your  inhabitants  and 
citizens  in  the  south,  but  not  in  the  north.'  Nor  is  it  for  them 
to  say  'we  have  transferred  one  tliird  of  your  territory  to  a  for- 
eign power,  in  spite  of  your  remonstrances  and  tlierefore  your 
constitutional  right  to  repel  invasion  is  narrowed  down  to  thn 
remainder — 'we  have  transferred  tlie  whole,  and  therefore  it  is 
annulled.  The  only  right  which  is  left  to  you  and  your  people, 
is  the  right  of  unconditional  submission  to  your  new  masters.' 
In  such  a  case,  a  great  State  would  say, 'my  constitutional  rights 
are  elder  than  yours.  The  very  instrument,  which  is  the  source 
and  sole  foundation  of  your  riglits,  recognizes  and  guarantees 
mine ;  and  it  is  not  for  you  to  limit,  restrain  pr  annul  them.' 
A  great  State,  in  such  a  case  we  say,  would  reply  perhaps,  in 
this  manner ;  but  a  great  State  will  never  have  occasion  to 
do  so.  A  powerful  State  know  ing  her  rights,  will  know  how 
to  protect  tliem: — the  United  States  will  also  know  them,  and 
know  how  to  respect  them.  If  the  territories  of  such  a  Statn 
were  actually  invaded  by  the  authorities,  military  or  civil  of  a 
foreign'power,  instantly  it  would  be  perceived  that  the  consti- 
tution of  the  United  States  neither  requires  nor  contemplates 
that  she  should  wait  for  orders  or  permission  to  act.  While  she 
called  upon  the  government  of  the  United  States  to  fulfil  its 
duty  toward  her,  she  would  herself  prepare  to  repel  the  invader, 
and  if  necessary  by  her  ow  n  ann,  would,  with  or  without  the 
consent  of  Congress,  drive  the  aggressor  from  her  soil  and  inflict 
upon  the  instruments  of  the  aggression  a  merited  chastisement. 
The  rights  of  Maine  are  the  same,  her  situation  and  resources 
only  are  different.  But  it  is  not  the  intention  of  the  writer  to 
pursue  or  enter  upon  an  inquiry  that  tends  to  still  graver  ques- 
tions. His  sole  object  is  to  sustain  the  position  which,  with 
all  deference  to  better  opinions,  he  thinks  ho  has  sustained — 
that  the  United  States  have  no  constitutional  power  to  depiive 
a  State  of  a  portion  of  her  territory  and  without  her  con- 
sent ceae  that  territory  to  a  foreign  power.  , 


'  ,-.';    '^u>'i     .K-^r    'iy 


^ 


■i:' 


I 


18 


No.  5. 
Tbrritory  claimed  by  Great-Bbitain... Jurisdiction  oe 

rACTO...MADAWASCA. 

But  why  contend  for  a  small  piece  of  territory,  so  remote 
and  of  so  little  value  ?     Msny  wlio  put  lliis  question  might  pos- 
sibly put  it  if  the  whole  State  were  clepeii(ling  oil  the  issue.    We 
answer,  because  it  is  our  right,  and  we  cannot  consent  to  have 
it  wrested  from  us  by  fraud  or  violence.     But  let  us  in  our  turn 
inquire,  'How  is  it,  if  the  territory  is  of  so  little  importance, 
that  in  violation  of  good  faith  ana  in  the  shameless  disregard 
of  treaties,  surh  persevering  efforts  have  been  and  continue  to 
he  made  on  behalf  of  the  adjacent  British  colonies  to  obtain 
it  V     Is  it  in  order  to  gain  the  most  easy,  direct  and  practica- 
ble channel  of  communication  between  those  provinces  ?    This 
in  time  of  peace  never  has  been  and  never  would  be  denied 
them.     It  is  enough  for  us  to  say  that,  casting  an  eye  at  the 
map  of  the  country,  it  will  be  seen  that  when  peopled  with  a 
hardy  race  of  men,  as  it  would  be  before  half  a  century,  if  pre- 
served to  us,  that  tenitory  will  constitute  a  point  of  strength 
for  lis  and  of  weakness  for  our  adversaries.     In  extent  it  is 
larger  than  more  than  one  State  in  the  Union.     Why  should 
Maine  yield  her  undoubted  right,  and  with  her  right,  that  which 
secures  to  her  the  moral  certainty,  in  due  time,  of  becoming  a 
large  and  powerful  State,  possessmg  advantages  of  situation,  and 
occupying  a  position  important  to  herself,  and  valuable  to  the 
United  States  ? 

At  the  date  of  the  Treaty  of  Independence  that  whole  region 
was  an  unsettled  wilderness.  Very  soon  after  the  provincial  gov- 
ernment of  New  Brunswick  was  organized,  they  discovered 
and  felt  the  immense  importance  of  this  piece  of  territory. 
Great  Britain  had  begun  to  reper.t  of  yieldmg  so  much  to  the 
United  Slates.  Under  various  pretexts  she  postponed  the 
withdrawal  of  her  forces  from  the  posts  and  territones  in  the 
north-west,  and  the  authorities  of  New  Brunswick  commenced 
their  intrigues  and  encroachments  in  the  north-east.  They 
had  again  driven  the  remnants  of  the  persecuted  neutral  Aca- 
dians  from  their  farms  and  their  homes.  These  had  once  more 
fled  into  the  wilderness,  and  sought  a  refuge  within  the  boun- 
daries of  the  United  States.  The  seeds  of  new  troubles  be- 
tween America  and  Great  Britab  were  rapidly  developing. 
These  unfortunate  people  were  beyond  the  reach  of  succor  on 
our  part.     Twice  tncy  had  bcm  driven  by  rapacity  and  vio- 


to 


l»iK'(}  from  tliuir  farms  and  cottages.  They  ^ere  ufTurcd  by 
tlieir  persecutors,  grants  of  two  and  three  hundred  acres  of 
land  uacli,  in  their  new  residence,  as  security  against  their 
being  again  disturbed,  and  in  1790  and  1794  they  were  in- 
duced to  accept  them.  But  tiie  threatening  storm  was  dis- 
sipalcid  by  the  Treaty  of  19th  November,  1794 — provision 
wiLS  made  for  ascertaining  the  true  St.  Croix  and  its  source. 
Great  Britain  agreed  to  withdraw  all  her  troops  and  garri- 
sons from  all  posts  and  places  within  the  boundary  lines 
assigned  by  the  Treaty  of  Peace.  Provision  was  made  that 
the  posts  should  be  formally  surrendered  within  a  specified 
time;  but  except  "within  the  precincts  or  jurisdiction  of  any 
of  tlie  said  posts"  "the  United  States  in  meantime,  at  thctr 
discretion,  extending  their  settlements  to  any  part  within  the 
said  boundaru  line.  Tiiat  is  to  say,  the  military  posts  were 
to  be  formally  surrendered ;  but  alt  other  places  within  the 
boundaries  prescribed  by  the  Treaty  of  1783,  which  might  be 
regarded  as  in  Britisii  possession,  were  to  be  considered  as 
yielded  up  and  delivered  over  to  the  United  States,  ipso  facto, 
by  the  Treaty  of  1794.  The  river  St.  Croix  and  its  source 
were  determined  in  1 798.  The  place  near  where  'the  due 
north  line  would  cross  the  river  St.  John  was  perfectly  well 
understood  ;  and  the  Agent  of  the  British  Government,  who 
had  the  whole  management  of  the  business  on  her  part,  in  his 
written  arguments  on  the  record  of  the  proceedings,  fully  and 
explicitly  acknowledged  the  highlands  of  the  treaty  to  be  those 
now  and  always  claimed  as  such  by  the  United.  States. 

The  fact  that  the  due  north  line  of  the  treaty  necessarily 
crosses  the  river  St.  John,  was  at  the  same  time  explicitly  re- 
cognized also  by  the  Minister  of  Great  Britain,  resident  at 
Washington,  in  a  letter  addressed  to  the  same  Agent.f  At  that 
period,  to  have  doubted  what  were  the  highlands  of  the  treaty, 
would  have  been  regarded  as  evidence  of  want  of  understanding 
or  of  mental  alienation.  Here  then  is  an  end  of  all  pretence  of 
Britisii  jurisdiction,  even  in  Madawasca.  Nor  is  tliere  from 
tluil  period  the  slightest  trace  of  it  until  some  years  after  the 
dale  of  the  treaty  of  Ghent.  On  the  other  hand,  during  this 
.same  period,  we  find  that  in  1797,  1801,  1806,  1807,  M-i.ssa- 
chusetts  made  large  grants  adjoining  the  due  north  line,  and  ex- 
tending to  within  about  fifteen  miles  of  the  place  where  that 
line  crosses  the  river  St.  John.  Without  pursuing  this  inquiry 
further,  we  refer  to  the  official  statement  of  Mr.  Deane,J  and  the 


A 


I 


I 


4 


f  Sen  Apjicmlix  No.  3. 


\  !ic<i  ApimiHix  No.  3. 


1     ' 


5OT 

letter  of  Mr.  Kavanagli.  Maine  is  not  tlierefure,  as  sonie  seem 
to  suppose,  claiming  territory  which  lias  nlvvays  been  under 
British  jurisdiction.  She  is  maintaining  her  ancient  boimdaries. 
She  is  resisting  a  system  of  encroachment  and  usurpa- 
tion, AT  riRST  secret  and  stealthy,  now  open  and  push- 
ed WITH  A  HIQH  HAND. 

Not  c.  Id  corroboralioo  or  tlw  univenal  undrralaiidinK  uf  Iho  inciinin|f  ufflxni  in 
the  terins  "(he  hiEhlaniU  which  divide  Ihc  rivvn,"  &.c.  rnipluyed  tiy  lliu  t'rHiiien  ol' 
tiie  Treaty  of  Indepcndenrp,  we  might  nrgt,  in  addition  lo  what  hiis  alit'oily  hwii 
stated  in  pacoi  lU,  II,  that  all  the  engraved  Mapa,  tram  that  in  the  Annual  Kerinter 
for  1763  lo  tliat  of  "tlie  Kehel  Colonies"  in  HtKI,  and  thence  down  tu  uu«  (nihnthud 
•houl  the  year  1790,  concur  in  Inyiii);  down  the  houndnry  of  Ihr  highlumli  |ireciiiely 
M  claimed  by  the  Unil«<l  Htalet.'  An  admirable  and  uoarly  compleW  collection  wa* 
laid  lieloro  liie  Arbiter. 


h 


t 


:i         !. 


APPENDIX. 


No.  1. 

Letter  from  Mr.  Preble,  Minister  at  the  Hague,  to  Mr.  Mc- 
Lane,  Minister  at  London. 

The  Hasue,  SSUi  Janiiory,  1831. 

Dear  Sir:  I  had  the  honor  to  receive  from  the  King  uf  the 
Netherlands  on  the  lOth  iiist.  a  document  purporting  to  be  an  ex- 
prcMion  ofhiii  opinion  on  the  aoveral  points  aubinitted  to  him  by 
ihe  United  Slates  of  America  and  Great  Uritnin  relative  to  cerluiit 
portions  of  the  boundaries  of  tlieir  respective  territories.  On  exam- 
ining that  document  it  appeared  to  ine  that  the  Arbiter,  overlook- 
ing the  nature  of  the  trust  reposed  Itl  him,  nnd  the  limitations  to 
the  (lowers  conferred  upon  him,  had  assumed  to  set  aside  the  trea- 
ty boundaries,  and  to  lay  down  a  new,  and,  in  his  opinion,  more 
convenient  line  of  demarcation.  With  these  impressious  I  deemed 
it  my  di:ty  to  address  a  letter,  in  the  nature  of  a  protest,  to  his  Ma- 
jesty's Minister  of  Foreign  Aifairs,  a  copy  of  which  1  have  the  hon- 
or  to  enclose.  It  has  also  occurred  to  me,  that  it  might  not  be  un- 
acceptnblu  to  you,  in  this  state  of  the  question,  if  I  were  to  suggest 
lo  your  recollection  the  more  important  and  principal  facts,  whicii 
have  a  bearing  on  the  controversy. 

The  language  of  the  treaty  of  I'aris  of  1783,  which  hoa  given  rise 
lo  the  contestation  between  the  high  parties  interested,  is,  *'And 
"that  all  disputes,  which  might  arise  in  Aiture  on  the  subject  of  the 
"Uoundaries  of  the  said  United  States,  may  he  prevented,  it  is  here 
"hy  agreed  and  declared,  that  the  following  are  and  shall  be  their 
"boundaries,  viz:  from  the  north-west  angle  of  Nova  Scotiu,  viz: 
"that  angle  which  is  formed  by  a  line  drawn  due  north  from  the 
"source  of  the  St.  Croix  river,  to  the  highlands,  along  the  said  high- 
"landfl,  wliich  divide  those  rivers,  that  empty  themselves  into  the 
"river  St.  Lawrence  from  those  which  fall  into  the  Atlantic  Ocean, 
"to  the  north-westernmost  head  of  Connecticut  river;  thence, 
"down  along  the  middle  of  that  river  to  the  forty-fiAh  degree  of 
"north  latitude  ;  from  thence,  by  a  line  due  west  on  said  latitude, 
"until  it  strikes  the  river  Iroquois  or  Cataraguy.  *««*** 
"East,  by  a  line  to  be  drawn  along  the  middle  of  the  river  St.  Croix, 


.1 


t        ' 


1 


a 


I 


i 


V 


\ 


^'i 


'■riuiii   itx  iiioutli  in  tlie  bay  of  Piimly  to  iin  miiirre;  nniJ,  IVoim  ils 
"Noiirre,  dirni'ily  north,  to   tin;  nforfMiiniil    IiikIiIoihIh,  wliicli   ilividu 
"tlio  rivern  ilint  fall  into  the  Allnntii-  Ucenn  from  iho.<««>  that  full  ir.- 
"to  the  river  St.  Lnwrrnce."    The  ninnni'r  of  carr'.in  thin  it,ipnr- 
r>ntly   exceedingly  definite  and  lucid  deHciiiition  oi  iMtiindnry  into 
ftlKi-t,  by  riinniii;;  the  linn  a^  descrihcd,  ami  mnrking  the  HHine  on 
the  HiirtHue  of  the  enrth,  wns  the  Hiihjert,  the  sole,  exclusive  Aiilijcel, 
Hiihmittod   bv  the  Convention  of  the '^.)th  Hept.  Irt'j7,  in  ^iiirHiiiince 
of  Art.  V.  ot  the  treaty  of  Ijhent,  1814,  to  nii  Aihiier.     II  on  inves- 
tigation tlint  Arbiter  found  the  language  of  the  treaty,  in   liia  opin- 
ion, inapplii'ublo  to,  and  wholly   incoiitti^tent  with  the  topography 
nf  the  country,  so  that  the  treaty,  in  regard  to  itM  deacriptinn  of 
boundary,  roiild  not  bo  o^euuled  according  to  itH  own  cxpreu  atip- 
iilntioiiM,  the  United  HtatcH  bad  never  submitted  the  queHlion,  what 
lirncticiihle  boundary  line   aliould,  in  such  v.ane,   he  siibatituled  and 
e.ttuhliMlii'd  ;  nor  had  they  in  ony  way,  directly  or  indirectly, intima- 
ted a  (ieHirc  that  any  Ruggeotion  should  bo  iiiude,  as  to  what  might 
be  nonaidored  a  anitable  boundary.     Hncli  a  c|iiv8tion  of  bounilnry, 
ns  is  here  Hiippofied,  the  (Jniteil  States  of  America  would   it  ix  li'  iic- 
veil,  submit  to  the  definitive  decision  nf  no  sovereign,  and  it     '   ^  1/ 
such  case  they  should  solicit  the  friendly  intervention  'if  an  aU>),  itiu 
probable  they  would  expect  first  to  bo  heard,  before  'u:  opinion  was 
formed  as  to  what  line  might  he  convenient.     In  the   preMcnt  case 
especially  as  any  revinion  or  substiintion  of  hi  midary  whatever, 
had  been  steadily,  and  in  a  spirit  of  unalterable  di'terinination  resis- 
ted at  (ihent  and  at  Washington,  they  had  not  anticipated  the  pos- 
sibility of  there  being  any  occaKion  tor  delegating  such  power,  or 
soliciting  such  intervention.     That  such  must  have  been  thf  viei^a 
of  the  Uovernmeiit  of  the  United  States  would  appear  evident,  not 
only  from  the  history  of  the  iicgociution  nt  Ghent,  but  from  the  lan- 
guage of  the  treaty  itself,  which  provides  for  the  selection  nf  an  Ar- 
biter, and  dclines  the  object  and  extent  of  the  powers  delegated. 
The  treaty,  reciting  that  "whereas,  neither  that  point  of  the  high- 
■'hinils  lyiii<;  d  le  north  from  the  source  of  the  river  St.   Croix,  and 
"designated  m  the  former  treaty  of  peace  between  the  two  powers, 
'•as  the  north-west  angle  of  Nova  Scotia,  nor  the  north-westernmost 
"bend  of  ConinTticiit  river,  has  yet  been  nsccrtoined  ;  and  whereas, 
"thnt  part  of  the  boundary  line   between  the  dominions  of  the  two 
"powers,  which  extends  from  the  source  of  the  river  St.  Croix,  di- 
"rectly   north  to  the  itbovoinentioned  north-west  angle   of  Nova 
"Scotia,  thence  along  the  said  highlands,  which  divide  those  rivers 
"that  empty   themselves  into   the  river   St.  Lawrence,   from  those 
"which  fall  into  the  Atlantic  Ocean,  to   the  northwesternmost  head 
"of  C'onnecticiit  river  ;  thence  down  along  the  middle  of  that  river 
"to  the  forty-fifth  degree  of  north  lotitude  ;  thence  by  a  line  due 
"west  nil  said  latitude,  until  it  strikes  the  river  Iroquois  or  Cataru- 
"guy  ;  has  not  been  surveyed"  provides  "thot  for  these  several  pur- 
poses two  commissioners  shall  be  appointed" — And  it  would  lie  dif- 
ficult to  describe  and  define  the  objeC'  ind  nowers  of  the  cnmtnis- 
sioners  in  terms  more  precise  ond  1'   '>  •,  misconstruction. 

Under  the  "ilemn  obligations  of  an  oai'  '  ■  nmine  and  V  \ '« 
impartially,"  they  were  authorized  si  ,i.,  ...  ,0  oscerl..  1.  and 
"determine  the  (raints  aforesaid  ir.     v'ii!l,.iiit>  with  the  iiroviaioiia 


its 


">.• 


"oftlie  Irnnty  of  |'»'Br'»!  •>f  l7Kt,  nml  to  rau««  the  liuiiiidury  B(brf»HlJ 
"rroiii  tlie  Mtiirr,!!  ol'tlH'  "  cr  Hi.  (J'  '^  I'  tli«  riviir  IroqiioiN  or  I'lit- 
"Mrngiiy,  lu  Itu  xiirwyuil  unil  iiiarkoti  aciror>iiiiK  t*>  tl><i  xuiil  proviH- 
"ioiid."  Il  wan  tiirilicr  ii}{rf<;(l,  ili>t  iii  the  eveiii  oCiIib  twii  'iiiiitiiiM- 
■ionnrH  ilitlrriiiK  ii|>  nil  (n- iiii_\  <i  i'"*  inntti-i'H  Moruli'n-L'il  to  iIumh, 
llify  Mhiiiilil  "liiuko  It  r<'|i<irt  or  ruports,  Mtnting  in  di-iiiil  tlit'  puiiitH 
"uii  wliitrh  iliuy  ilillvrcit,  uml  tlir  {{riiiiiiilt  ii|tuii  wliii'K  their  rr8|ii;t.'- 
"(ivti  u|tiiiiuiiH  wvrt^  liiriiieil."  And  ihu  lii^h  |>urtif'>  iritoicmvd 
"oKroud  to  ruler  tho  n>|iort  or  m  portH  to  Horiio  triuiidly  soviu  lii^d  or 
"Sluto,  who  Hhoiild  lit!  rv(|iii!4lL-(l  to  duuidt!  on  the  ihliKreiircK,  whii-li 
"alioidd  1)0  Htuted  in  tliu  Kuiil  report  ur  rcporlH,"  And  the  hii(h  piir- 
tioH  intervHtod  "eiiga);ed  to  conitidur  tliu  decision  i>t°  nnch  Iriendly 
"Hoveroigii  ur  Hiiitu  to  hu  tinul  und  uonehmiw  on  all  the  nmiiei  -,  tto 
"retLTrud."  Th«  di-rinioii  of  thu  Arhilur,  therKfor)),  wun  to  .:  on 
the  matttrt  to  to  be  rtftrrrd.  The  mnttert  no  to  he  referred,  wr  ,.■  «o/«- 
ly,  exclusively,  uih\  erjireastii,  limited  to  U\o  ^'impartial"  "i>u<  iit^^ng" 
and  "marlrin^"  on  the  MorliiRU  uf  the  eiirth  ^^in  cou/ornuii/  wtth  tlie 
provuioni  of  Ike  trealy  of  peace  of  1783,"  ofn  portion  of  the  huuintu- 


'on«  of 

of  til 


ry  linii  of  the  United  UlatON,  uh  prescribed  l*y  that  treaty — to  wit: 
''that  Wv.e  drawn  from  tliu  Hoiirce  of  tlie  Ht.  Croix  river  liireftly  north 
"to  the  aforiixaid  higlilandx,  whieli  divide  IIih  rivers  that  fall  into 
"the  Atlantic  Ocean,  from  tlioNx  which  fall  into  line  river  i;^.  l.aw- 
"reiice;"  thence  "uIoiik  the  tiaid  highland!*  which  divide  Uinse  nv- 
"em  that  empty  llieiiifiulves  into  the  river  Ht.  Lawrence,  niin  tli<u.su 
"which  full  into  the  Atlantic  Uccaii,  to  tho  Morth-westerimiosit  head 
"of  Connecticut  river,  etc." 

The  language  alreaily  quoted  of  tho  treaty  of  peace  of  <!ventccn 
liundrpd  and  eighty-three  gave  ri«e  to  three  qucvtionx,  \\/ 

lot.  Where  at  a  point  due  north  from  the  Hource  tif  llie  river  St. 
Croix,  are  the  highlamU  which  divide  those  rivers  that  rnipi  theni- 
selves  into  the  river  iSt  Lawrence  from  those  that  fall  into  li>>  .\t- 
!~::*ic  Ocean — at  which  same  point  on  said  highlands  wa>  iIiho  to 
lie  foUi;i|  the  north-west  angle  of  the  long  nstahliHhcd,  well  .-.iiowii 
and  distinctly  defined  British  province  of  Nova  Scoiiii? 

2d.  As  there  is  nliuve  the  forty  filth  parallel  of  latitude,  n  Miim- 
her  of  trihiitary  streams,  all,  with  the  exception  of  Hall's  iSti  ciiin, 
at  the  date  of  the  treaty  nameless  and  unknown  strcdins  of  tin:  wil- 
derness and  whnie  comhined  waters  were  only  known  as  forming 
the  river  Connecticut ;  which  of  the  sources  of  all  those  streams  is 
"the  nnrthweslernmost  head  of  Connecticut  river?" 

3d.  As  the  boundary  of  the  forty  fillh  parallel  of  huitu<le  md 
ten  yeara  lioforo  the  date  of  the  treaty  of  |ieaee  been  run  and  m. irk- 
ed in  it8  whole  extent  by  the  competent  authorities  of  the  Sovereign 
and  so  continued  to  be  understood  and  recognized  at  the  date  of 
the  treaty  by  all  parties  interested;  tho  question  is  whether  tlat 
old  line,  though  not  altogether  accurate  but  by  reference  to  wlii<-li 
the  country  has  become  peopled  with  inhabitants,  shall  he  retraced, 
or  whether  a  new  line  shall  now  be  run  and  established  niure  near- 
ly approxitnaling  to  accuracy .' 

Prior  to  the  year  17<>3,  Uie  Canadas  from  the  earliest  settlement 
of  the  country  had  belonged  to  the  dominions  of  the  King  of 
France  ;  and  prior  to  the  aame  period  Nova  Scotia  had  alternately 
belonged  to  France  and  Great  Britain.     In  that  wilderness  country 


- 


i 


:t 


v>4 


licnvever  tlie  linuniliirins  ofilior^o  iiinltlie  mljoiiiiiig  BritiHli  provjiicr 
of  MaasiirliiiMPttM  Hiiy  liail  not  nt  tlint  porinil  luM^n  |)rci-i!<ely  iiritl 
distinctly  detiiind  iiiitl  ilei^crilxMl.  While  Fruiice  liad  eiulKitvori'd  tn 
rrowd  the  hoiuidury  of  Cuniida  over  the  8t.  Liiwreiure  into  tlie  in- 
tiM'iur  of  the  coiiiiti'y,  Ureal  Urituiii  repelled  the  preteiit*ioii  mid 
iimintHined  her  claim  to  the  Houtherii  bank  of  that  river.  In  ro);nr<l 
tu  Nova  Scotia  alt«o  although  the  original  grant  of  W2'),  whifh 
gHve  it  its  name,  hounded  it  on  the  west  exprest<ly  by  the  river  St. 
Croix,  each  nation  as  it  alternately  by  cession  or  conquest  became 
master  of  the  territory,  endeavored  in  its  turn  to  push  that  bounda- 
ry as  far  west  as  the  river  Penobscot,  while  the  party  for  a  moment 
no  lonjjer  the  proprietor,  abandoning  its  former  attitude  and  argu- 
ments, also  in  its  turn  resisted  all  attempt  at  encroachment.  'I  \m 
contest  was  terminated  on  the  part  of  France  by  the  treaty  of  Par- 
is of  17(iii,  by  which  she  ceded  to  Great  Urituiu  all  claim  to  that 
whole  region  of  country. 

On  the  souiherii  border  of  tho  river  St.  I<awrencp,  and  at  the  av- 
erage distance  from  it  of  less  than  thirty  miles,  there  is  an  elevated 
range  or  contiMiiation  of  broken  highland  extending  from  cape  Ko- 
Kieres  south  westerly  to  the  sourcos  of  Connecticut  river /ormi'ng  the 
southern  Iwriltr  of  the  liiisin  of  the  St,  Lawrence,  and  tho  /ig'tie  des  ver- 
santi! of  the  rivers  emptying  into  it.  'I'hi!  same  higlflaiids  form  also 
the  ligne  dea  rersanta  of  the  river  Kistiuouche  and  its  northerly 
branches  emptying  into  the  Imiv  des  Clialeurs,  the  river  St.  John 
with  its  northerly  and  westerly  branches  emptying  into  the  bay  of 
Funtly,  the  river  I'cnob.scot  with  it.i  northwesterly  branches  emp- 
tying into  the  bay  of  I'enobscot,  the  rivers  Kennebec  and  Andro- 
scoggin whoso  united  waters  absorbed  in  the  river  Sagadahock 
empty  through  it  into  Hagadahock  bav  and  the  river  Coimeciicut 
emptying  into  the  bay  usually  called  'l.orig  Island  Sounil.  Tbesn 
bays  are  all  open  arms  of  the  Sea  or  Atlantic  Ocean,  are  designated 
by  their  names  on  Mitchell's  Map,  and  with  the  single  exception  of 
Sairadaliock  are  all  e(|ually  well  kiuiwn  and  usually  desigmited  l)y 
tbtMr  appropriate  names.  The  river  St.  John,  several  branches  of 
which  take  tiieir  rise  in  these  highlands,  from  thirty  to  one  hun- 
dred and  twenty  Knglisli  miles  west  of  t!ie  line  drawn  <lue  north 
from  the  source  of  the  St.  Croix,  pursuing  a  anutheasterly  course 
crosses  8aid  line,  then  suddenly  turning  runs  nearly  fiarailel  to  it, 
when  resuming  its  former  direction  it  winds  its  way  through  mora 
than  three  hundred  miles  from  its  source  to  the  Ocean  ;  and  in  Its 
course,  besides  its  own  rapids  and  those  of  its  tributaries,  precipi- 
tates itself  over  one  fall  of  eighty  feet  height.  The  waters  of  the 
St.  Lawrence  are  tide  waters,  and  of  course  on  a  level  with  those 
at  the  mouth  of  the  St.  John.  As  therefore  tho  highlands  or  poijit 
de  portage,  where  the  tributaries  of  the  St.  John  take  their  rise,  an- 
pruuch  the  St.  Lawrence  within  thirty  English  miles,  it  necessarily 
results  from  the  nature  of  things  that  the  country  on  the  Atlantic 
side  must  continue  to  rise  till  it  reaches  the  dividing  ridge  or  high- 
lands, and  then  suddenly  full  off  toward  the  river  St.  Lawrence. 
But  we  are  not  here  left  to  inference.  It  is  proved  by  actual  ob- 
servation and  computation  that  the  average  absolute  height  of  this 
"ligne  des  versanti"  approximates  nearly  to  two  thousand  feet. 
Such  being  the  general  features  of  the  Country  when  by  the 


•  ■•■;/ 


X 


25 


i'l'iMity  (if  I'mi'ih  llir  King  of  d'rent  Hiil.iiii  liiul  oiitniiioil  the  unitiM- 
|iiiifil  s(ivi'i'riL;iity  of  iln'  wlioln  torrilory  in  lliut  region,  in  order  to 
rtimivf  all  doulth  n»  to  the  true  boundary  of  Canada  on  the  south,  as 
W(!ll  HM  Cor  otiirr  iiri|i(irlaiii  piirpoHi's,  lie  issued  lii«  proclurimtion  of 
Drlolif  r  tlin  7tli,  I7(i:<,  in  wliicli  Ik;  iluniion  nnd  dcHcrilies  tlit;  sontlierii 
iKUiMilary  of  ilio  province  ot'  (.liuflien  (('iinudii)  in  tlicso  words 
"rroMMiiti;  tlio  river  St,  l.uwrttni^u  nnd  the  (jiku  Cliimi|>lHin  in  forty- 
'■fivii  di-^rccM  ot'  north  lulituih)  (xishos  idong  the  higtdimds  whi-^li 
''divi(hi  iho  riv».'ri»  that  piiipty  thcnisidvcs  into  thn  said  river  St. 
'*ljavvronri!  from  ihoHu  \vld>.-h  Call  into  tlio  scu,  nnd  ul.so  along  the 
"north  conMt  oC  ilio  hay  des  C'haleiirH" — thus  throwing  the  ba.iin  of 
the  SI.  ftitwrenee  iVoin  the  sources  of'  <yOiniecticut  river  to  the  hny 
dcs  ('lialeurs  iii/(»  the  province  of  (Quebec.  The  same  year  in  another 
|)nhlic,  document,  the  coniniissiiui  to  Sir  James  .Murray  nsCiovcrnur 
ul'  the  province,  the  saitnt  houndary  is  ilolined  nnd  dcscrihed  in  the 
name  words;  and  from  thai  time  in  all  the  coimnisrions  of  the 
(i!ov(!rniirH  of  (|in'hcc,  for  the  twenty  years  preceding  the  Treaty  of 
I7H'I,  till!  i-ame  i«piM!ilication  and  description  of  that  houndary  from 
the  sources  of  Connecticut  river  to  the  hay  des  CIndeurs  was  given 
in  the  sauie  words,  to  wit:  "along  ilic  iiighlands  which  divide  tlio 
"rivi-rs  that  (imply  ihemselves  into  the  river  St.  Lawrence  from 
•'tlnmo  whii'h  liijl  into  the  sua."  Nay,  in  1774,  the  Itritish  i'nrliament 
enacted  a  puhliit  statute,  in  wifudi  tlitiy  doscrihed  and  contirnied  ihu 
liame  portion  of  the  houndary  of  the  province  of  (.Quebec  in  these 
Hauio  identical  words.  Moreover,  three  years  after  the  Trenty  of 
peace  in  the  couuuissiou  grunted  to  (juy  <.'arloton  as  (iovernor  of 
the  province,  the  southern  homidnry  is  detined  nnd  descrilied  ''from 
"ihu  hay  of  ('halenrs  along  the  highlnnds  which  divi<le  the  rivers 
"that  ompiy  iheniHelvtis  into  the  river  St.  Lawrence  from  those 
"which  fall  into  the  Athinlic  Oetuin  to  the  northwesternniost  head 
"of  Connecticut  river."  And  to  this  moment  the  southern  boundarif 
«/'  Canada  from  the  baif  des  Chaleurs  to  the  sources  of  Connecticut 
river  is  only  made  known  liy  referritifr  to  that  description.  Thus  for 
twenty  years  prior  to  the  Treaty  ot  ponce  anj  for  a  .<ierie8  of  years 
nt^erwards  in  proclamations  of  the  King,  in  nets  of  parliament,  and 
in  thn  pnhlic  connnissions  to  the  (aovernnrs  of  the  province,  the 
words  nnd  description  "the  highlands  which  divide  the  rivers  which 
"empty  ihuniselveB  into  the  river  St.  Lawrence  from  those  which 
"fall  into  the  sen"  or  Atlantic  Ocean  had  hecomo  exclusivelti  appro- 
prinled  and  were  universalli/  known  as  solely  applicable  to  that  divid- 
'  Ing  ridge  or  "ligne  des  versants,"  which  bounds  the  basin  of  the  St. 
Lawrence  on  tlio  south  side  oftlint  river. 

As  the  King  of  (iireut  Uritnin,  in  Octolier,  1703,  determined  to  fix 
Mnd  estnhlish  the  tlieruloforo  unsettled  lioundary  of  Canada,  by  a 
natural  ami  well  defined  line  ;  so  afterwards  in  November  of  the 
same  year  he  in  like  maimer  determined  to  settle  all  controversy  as 
to  the  western  boundary  of  Nova  Scotia.  Accordingly  heprocced- 
0(1  liy  a  s(detnn  public  act  and  docnment,  Ui  detiiio  and  prescribe 
that  buiindury  in  these  words  :  "Kounded  by  a  line  drawn  from 
"llape  Habin  across  the  entrance  of  the  Hai/  of  Fundy  to  the  mouth  of 
"the  river  St.  Croix,  by  the  said  river  to  its  source  and  by  a  line 
"drawn  due  north,  from  thence  to  the  southern  boundary  of  our 
colony  of  (Quebec."    The  Hunio  identical  language  is  rrpeated  from 


)  > 


time  to  time,  and  the  snnic  liountlnry  specilied  and  described  in  nil 
the  public  doruinoTits  i-fferrinx  to  tlint  Bidijt'ct,  tliiit  is,  the  coinitiis- 
sioiis  of  the  Governors,  for  the  twenty  yeiirs  prccedinj;  the  sigiin- 
tnre  of  the  treaty  of  1783,  and  ilu!  siiinc  idciiti(;al  description  "(roiii  . 
"the  niouth  of  the  river  St.  Croix,  hy  the  said  river  to  its  Rourco, 
"and  from  thence  to  the  Southern  boundary  of  our  I'rovince  of 
"(iuebec,"  is  to  this  moment  tiie  precise  and  only  description  of 
that  boundary  in  the  only  public  <locuments  where  it  is  to  l>e  hou);hc 
for,  the  commissions  of  the  Gov(!rnors.  Whatever  personal  mis- 
apprehension there  miiihl  have  been  in  the  tirst  instance  in  the 
minds  of  the  American  Commissionera,  therefore,  in  rej;ard  to  the 
precise  western  boundary  of  Nova  Scotia,*  arisint;  from  their  bein^ 
jii  i!cluded  by  the  war  from  a  ]icrsonal  inspection  of  Dritish  public 
documents,  that  misapprehension  had  been  entirely  dune  uway  by 
the  preliminary  discussions,  prior  to  their  ugrceiiiff  to  the  prelimi- 
nary articles  of  peace  in  1782,  and  of  course  there  can  bo  no  pre- 
tence of  their  want  of  u  full  understanding  of  the  Rubject,  in  Sep- 
tember, I78;J.  And  it  should  be  recollected  there  never  was  for  a 
siuijile  moment  the  least  misapprehension,  or  want  of  knowledj^e, 
on  their  part,  in  regard  to  the  bi,!;ldands,  always  known  and  desi){- 
nated  as  "the  highlands  which  divide  those  rivers  which  empty 
"themselves  into  the  river  St.  Lawrence,  Iroin  tho.se  which  fall  into 
"the  sea,"  or  Atlantic  Ocean.  Ilencc,  as  Mr.  Adams,  one  of  them, 
testifies,  they  agreed  after  much  coiitestaiion  to  abide  in  that  (piarter 
by  the  existing  boundaries,  or  as  he  cxpre-sses  it  the  charter  uf 
Alassachusetts  Bay. 

It  a[»pears  therefore,  from  evidence  in  its  nature  conclusive,  frotn 
authentic  public  documents  of  the  highest  character  and  nnthoriiy, 
that  lor  twenty  years  prior  to  the  Treaty  of  \7S'•^,  the  northern  and 
the  western  boundaries  of  Nova  Scotia,  had  been  prescribed  and 
deKned  in  language  the  most  clear  and  precise,  and  of  course  the 
place  of  a  northwest  angle  so  accurately  indicated,  that  n  common 
surveyor  needed  but  to  be  shown  the  source  of  the  St.  Croix,  in 
order  to  bo  able  to  sijj  up  n  momiment  at  the  point  of  intersection 
of  the  northern  and  western  boundaries;  and  thus  mark  on  the 
surface  of  the  earth  the  precise  position  or  locality  on  the  highlands, 
of  "the  northwest  angle  of  Nova  Scotia."  Add  to  this,|)rior  to  the 
revolution  the  two  nations  were  constituent  parts  of  the  same  great 
empire  and  the  language  of  King  and  Parliament,  in  their  public 
documents,  was  the  atVicial  language  of  the  whole  kingdom,  \\hen 
therefore  the  two  high  contracting  parties  at  the  Treaty  of  jieacc, 
availed  themselves  officialli/  of  Ihat  identical  laiiffvage  and  specijic 
description  of  particular  boundaries,  which  had  lieen  so  long  used 
and  exclusively  appropriated,  tf  must  be  presumed  that  they  used  them 

*Mr.  Adams  in  Ills  note  lo  Governor  Cusliing  dalrcl  Z'Mi  Ocl.  I7!U,  snvs  "Wo 
had  hrforo  iis  ihroiiRli  lliR  whole  negorialion  ii  varic^lv  of  maps."  Kivo  "dilVrrenl 
maps  publislicd  at  London,  in  the  years  I7lij,  1771,  I7tt.  177.'i,  plare  the  norlliwisl 
anj;lc  of  Nova  Scotia,  on  the  "highlands"  at  the  .sonne  of  liint  liraneli  ol'llie  river 
St.  John  now  called  the  Madawasea.  One  of  these  five  is  specially  i|iiol<'il  in  the 
report  of  the  Committee  of  ('ongress  llilli  Aug.  17fP2.  Hence  prohahly  the  miscon- 
ception in  the  first  instance  on  the  part  of  the  American  ('(nnmissiorierswlio  in  pro- 
posing at  the  commencement  of  the  negocialion,  the  river  Ht.  John  as  the  b(mnda- 
ry  assumed  the  position  of  the  northwest  angle  of  Nova  Scotia  as  hcing  oa  "the 
highlands"  Ace.  at  the  sonrco  ol  the  river  St.  John. 


\ 


37 

in  the  same  meaning,  and  with  the  same  applicability,  and  extent  of 
sifrnijkation,  in  wliuh  one  of  the  particn  had  always  used  them,  and 
the  other  had  always  understood  them.  Tliut  such  was  their  iiiutiial 
iiiiileiiitiiiiding  would  hcl'iii  to  ruciuii  tVoui  the  peculiar  expression 
of  the  Treaty — "I'roui  the  northwest  anj,'lo  of  Nova  Scotia" — not 
that  su|ipo8e(i  northwest  angle  on  the  highlands  at  the  source  of 
the  river  St.  John — not  th:it  northwest  angle  on  the  hunk  of  the 
St.  Lawrence,  formerly  insisted  upon  in  the  controversies  between 
France  and  Great  Britain — not  the  indefinite  northwest  angle  of 
the  original  vague  grant  of  the  province,  hut  that  northwest  angle, 
which  had  been  prescribed  by  the  authority  of  King  and  Parliament, 
and  had  been  repeatedly  recognized  by  thut  authority  in  the  most 
Bolurnn  manner,  in  all  their  public  documents  for  t!ie  lust  twenty 
years,  "to  wit:  that  angle  formed  by  a  lino  drawn  due  north  from 
the  source  of  the  river  St.  (^'roix  to  tho  highlundd,"  etc.  The  high- 
lands thercforn,  which  the  United  States  have  insisted  are  the  high- 
lands of  the  Treaty,  are  those  alone  on  which  the  point  of  departure 
the  actual  legal  "northwest  angle  of  Nova  Scotia,"  was  e.atablished 
and  to  be  found.  Tliey  are  tin  highlands  which  had  long  been 
described  by  the  language  of  the  'J'reaty  and  the  only  ones  tiiat 
cviir  tiud  been  so  designated  or  known  at  the  time  the  Treaty  was 
made. 

But  it  is  contended  by  the  Government  of  Great  Britain  that 
there  is  a  rival  range  of  higidauds,  which  in  all  its  characteristics 
better  comports  with  the  language  and  de.'^cription  of  the  Treaty. 
It  is  ilie  dividing  ridge  tiiat  boimds  the  southern  side  of  the  basin 
of  the  river  St.  John  uiul  iliviilcs  the  streams  that  flow  into  the 
river  St.  John  from  those  which  flow  into  tho  I'enobscot  and  St. 
Croix.  No  river  flows  from  this  dividing  ridge  into  the  river  St. 
Lawrence.  Un  the  contrary  nearly  the  whole  of  the  basins  of  the 
rivers  St.  John  and  Uistigouclie  intervene.  The  source  of  the  St. 
Ooix  also  is  in  this  very  "ligne  des  versonts,"  and  less  than  an 
English  mile  distant  froui  the  source  of  a  tributary  stream  of  the 
St.  John.  Tliis  proximity  reducing  the  due  north  line  of  the  Treaty 
as  it  were  to  a  point  coin|)i.-lled  the  provincial  Agents  of  the  British 
Govrrnincnt  at  tho  expense  apparently  of  consistency,  to  extend 
the  due  north  line  across  this  dividing  ridge  and  to  pass  onward 
into  the  basin  of  the  St.  John ;  and  crossing  continually  as  they 
t)rt>c(;edod  the  tributary  streams  of  that  river  they  at  length  arrived 
in  tilt!  vicinity  of  an  insolatod  hill  called  Mnrs  Hill,  standing  near 
the  southwestern  bank  of  the  river  St.  John  between  two  of  its 
tributary  streams,  and  distant  about  forty  miles  from  tlio  source  of 
the  St.  ('roix.  Connecting  that  isolated  hill  by  means  of  the  divid- 
ing ridge  between  said  trdjutary  streams  with  the  "ligne  des  ver- 
sants"  as  just  described  they  claimed  it  as  constituting  the  highlands 
of  the  Treaty,  "which  divide  the  rivers  that  empty  themselves  into 
tlie  river  St.  Lawrence,  from  those  that  fall  into  the  Atlantic 
Ocean." 

In  the  absence  of  all  and  every  kind  of  public  document  to  sus- 
tain the  line  claimed  by  Great  Itrituin,  in  opposition  to  the  express 
language  of  a  series  of  public  documents  emanating  from  the  Brit- 
ish Government  itself  for  a  succession  of  more  than  sixty  years, — 
in  opposition  to  ull  tho  ancient  British  and  other  Mai)s  of  the  coun- 


■•-; 


I 


'■I, 


33 


<1 

i 


1  ^.-^, 


■  §-- 


I 


try  from    tliu  cniKiuciit  of  Caiimlii  in   17(i9,  to  tire  spriii^rjn^  up  of 
now  (lilVuuiltieH  hutwieii  the  United  Statfs  und  Ureal  Urituiii  alter 
tlic  Frciicli  Revolution — in  op)iuMitioii  to  all  tlio  debutut)  in  I'urliu- 
nient  on  the  treaty  of  178-'i  and  lliu  map  pul)li»liBd  ut  that  time  to 
illustrate  those  ilebates — in  oppusiiion  to  all  the  funlureM,  tiipogru- 
])liy  and  traditions  of  the  country,  and  in  opposition  to  the  titcttliut 
the  uortfiwest  an<;le  of  Nova  >Sc.otiu,  the  point  of  departure  of  thu 
treaty  never  was  at  jMars  llili  nor  within   one  hundred   Eni^lislt 
miles  due  north  of  it,  his  Majesty  the  King  of  the  Netherlands  from 
considcruiions   principally  arising  out  of  u  position    assumed  that 
the  river  St.  John  empties  itbelf  into  the  bay  of  Fundy  and  not 
into  the  Atlantic  ocean,  and  that  the  river  Kistigouche  empties  itself 
into  the  bay  des  Chaleurs  and  not  into  the  Atlantic  ocean,  and  that 
it  equally  accords  with  the  requisitions  of  the  treaty  of  1783  wheth- 
er the  highlands  that  divide  the  rivers  that  empty  themselves  into 
the  river  St.  Lawrence  from  those  that  fall  into  the  Atlantic  ocean, 
divide   said   rivers  "mediately"  or   "iininedi:itely,"   expresses  the 
opinion  that  the  lino  as  claimed  by  Great  Britain  comports  equally 
well  in  all  respects  with  the  language  of  the  treaty  as  that  claiincil 
by  the  United  States.     Having  thus  discovered  that  the  language  of 
the  treaty  is  ambiguous  and  inexplicable   he  proceeds  to  set  aside 
the  boundary  of  thu  treaty  and  to  propose  a  new  and  diifereiit  line 
of  demarcation  which  bethinks  would  be  a  suitable  one,  viz:  that 
the  line  drawn  directly  north  from  the  source  of  St.  (Jruix  river 
should  extend  to  the  centre  of  the  river  St.  John  only,  thence  the 
boundt\ry   line  should  pass  up  that  river  to  the  mouth  of  the  river 
St.  Francis,  thence  up  the  river  St.  (Vancis  to  the  source   of  its 
southwestern^ioBt  branch,  thence  due  west  from  said  source  until 
it  intersects  the  line  of  the  highlands  as  claimed  by  the  United 
States,  and  only  from  thence  to  pass  "along  the  suid    highlaiiila 
"which  divide  the  rivers  that  empty  themselves  into  the  liver  St. 
"Lawrence  from  those  which  fall  into  the  Atlantic  ocean,  to  thu 
"northwesternmost  head  of  Connecticut  river." 

Upon  this  branch  of  the  subject  and  in  reference  to  this  proceeil- 
ing  on  the  part  of  His  Majesty  I  confine  myself  to  one  remark  thnt 
this  is  the  making  of  a  now  treaty  and  prescribing  new  limits  in- 
stead of  executing  the  old  one  by  '■^aictriainxn^^''  "sumei/idg'"  ami 
"marking"  its  boundaries.  It  is  giving  the  bed  of  a  river  for  a 
boundary  instead  of  highlands  diviirmg  rivers  nHignedesversanls." 
I  should  not  advert  to  thu  decision  of  His  Majesty  on  the  second 
question  were  it  not  for  tlio  purpose  of  saying  that  it  had  appeared 
to  the  Government  of  iho  United  States,  judging  from  inspection  of 
an  accurate  map  of  the  country,  that  the  conrce  or  bead,  which  the 
Arbiter  has  decided  in  conformity  with  the  British  claim  to  Ite  "the 
northwesternmost  head  of  Connecticut  river,"  was  in  foot  the 
northeastern  head  ;  yet  that  being  the  point  Bubmilied,lhe  United 
States  will  without  doubt  fultil  whatever  they  have  stipulated. 

In  regard  to  tlio  third  (piestion  submitted  the  Arbiter  after  ex- 
pressing an  opinion  that  the  45th  parallel  boundary  should  bo  run 
and  marked  without  rofurence  to  the  line  as  formerly  run  and  es- 
tablished, proceeds  to  doclaro  tlint  it  would  be  suitable  that  at  the 
jilace  culled  Koiise's  point,  the  territory  of  the  Uniteil  States  of 
America  should  nevertheless  extend  so  us  to  comprehend  u  "fort" 


m 


39 


ilici'u  C8t(il)liiiliu(l  1111(1  its  "rayon  kiliiiiictrii|uo."  It  is  true  lljiit 
there  aro  the  niiiid  ol'  uii  uhuiuluiieil  lurtilicutioii  furintirly  built  by 
the  Unitetl  Htutun  on  a  stiiiken  point  ur  piece  ut'  ground  culluii 
"RoUitu'd  point"  on  tlio  bortlurti  of  hake  ClinniplHin  and  that  thiif 
point  is  within  the  hinits  of  tlm  United  iStates  acxordiiij^  to  the  old 
established  line,  but  will  probably  full  without  by  ucuuriite  ndniuas- 
ureineni.  Jtut  it  is  eipially  true  that  these  facts  had  not  even  been  al- 
luded tu  in  the  atalenients,douunientsand  evidence  submitted  on  tlio 
part  of  the  United  iStntes,  and  that  no  conununiuution  or  intimation 
of  the  slightest  character  in  relation  to  these  facts  has  ever  been 
made  to  the  Arbiter  in  hehalf  of  the  United  Ktutes,  As  the  ques- 
tions submitted  related  solely  to  the  true  limits  defined  and  (trescri- 
bed  by  the  treaty  of  17t^t,  any  allusion  to  lt<>use's  point  was  deem- 
ed irrelevant.  'Die  Government  of  the  United  States  asked  for 
iiothing  but  a  rigid  adherence  to  the  faith  of  treaties  and  a  ready 
execution  ot  their  stipulatiuns  in  an  elevated  sentiment  of  national 
good  faith.  But  for  sometime  past  His  Majesty  the  King  of  the 
Netherlands  has  had  his  attention  strongly  excited  to  tiic  subject  of 
convenient  boundaries,  'i'liere  is,  siiys  the  Court  Journal  of  the 
Hague  of  the  lltli  instant,  "iin  rapprochment  bizarre"  between  the 
position  which  the  King  ocimpied  as  Arbiter  in  regard  to  the  boim- 
daries  between  Ureat  Britain  and  the  United  .';?tates  and  that  which 
Ureat  Britain  occupies  in  regard  to  the  bouniiaiies  between  Holland 
and  Belgium.  Wliun,  thendbrc,  the  (lovernment  of  Great  Britain 
urged  a  claim  to  a  portion  of  the  ani:ient  territory  of  the  Uniied 
States,  on  the  ground  that  it  was  convenient  and  necessary  to  her, 
and  His  Majesty  felt  the  power  and  yielded  to  the  influence  of  the 
argument,  it  was  natural  that  he  should  look  around  for  something 
which  might,  in  order  to  save  appeiirances,  afford  an  ostensible 
application  of  the  same  principle  in  favor  of  the  United  States. — 
And  this  mode  of  saving  appearances  could  not  be  un.'icceptable  to 
Great  Britain  inasmucli  as  it  originated  from  the  suggestion  uf  her 
own  Agents. 

With  sentiments  of  respectful  cnnsiderntion, 
^  1  have  the   honor  to  be,  Dear  Sir,  your 

very  obedient  servant, 

\VM.  i:  I'lU'AW.K. 

His  Kxcellcncy,  Louis  McI.ank, 
Envui/   Ktlrttordiiiari)  and  Minister  Plcnipoknlianj  oj  the  U.  S.  Jl. 

London. 


■iV 


i  'i 


No.  2. 

Eli  met  from  the  Rvport  of  John  G.  Dcunc,  Esquire,  Agent, 
ifc.  to  the  (iovenior  of  Maine,  dated  Nov.  '•2d,  18.'JI. 

"In  itS'i,  I'ierre  Lizotte,  then  a  boy  of  fourteen  years  of  ago, 
strayed  from  his  home  in  (^'amida  and  found  his  way  to  the  Indian 
settlement  at  the  month  of  Madawasca  river,  where  he  continued 
during  the  following  winter.  On  his  return  to  hia  friends,  his  rep- 
I'usciitatiuns  were  uuch  as  induced  his  half  brother,  IHure  Dupaiv. 


!     y   I 


'■  ■  ./: 


I 


U:. 


.{() 


/«  accoin/mnij  him  to  Ihc  same  place,  for  the  purpose  oj  trade  wilh  the 
Jndiitns,  the  year  following.  Tliuy  cuiiiiiiuiicuil  their  biisiiiuMS  on 
tliu  south  y'ulu  ut'  tlie  St.  Juliii,  IVoiii  two  to  three  inilett  huhiw  tho 
iiiuutli  uf  Mndawasca  rivur.  TUetj  were  the  first  persons  who  com- 
menced their  residence  at  Madawasea. 

Two  or  three  years  afterwards,  tmy  in  178(1,  the  Jlcadian  or  neutral 
French,  whose  ancestors  hail  buuii  sultlcd  at  ilie  head  of  tliu  Bay  of 
Fuiidy,  or  in  tliu  country  \vhi(;li  is  now  cullud  Nova  dcotin,  and 
had  been  driven  from  Ihenct  and  had  established  themselves  at  St. 
Jlnns,  (mow  fniduricton)  and  in  that  nui^hhorhoud,  2iet)i^  disturbed 
by  the  introduction  of  the  refu<rees  and  the  acts  of  the  K"vernnient 
of  New  Krnnswick,  which  disposae.-ised  them  of  their  Jarms,  fied  up 
the  St.  John  in  search  of  places  of  risidcnce  out  oJ  the  reach  of  British 
laws  and  oppression.  Twenty  or  nioro  t'aniihes  moved  and  settled 
themselves  on  the  St.  John,  helow  the  trading  e8tal>lishment  which 
I'ierro  Dnperru  hud  made  a  few  yuurn  previous.  Here  they  con- 
tinued in  the  unnlolo'^ted  onjoynieut  of  tlieir  property  for  some 
years. 

Pierre  Dupcrre  hcinfr  a  man  of  some  learning,  had  great  influence 
wiiii  his  nei^rjiiiors,  and  the  Urilish  authorities  «/  the  province  of  ^Yew 
Brunswick,  seein^r  his  ronsci|uoniH:  in  the  sctllcinent,  hf/fa?i  enrlif  to 
caress  and  fiuUtr  him,  uui[  sunietimu  in  llie  year  I7'J0  iniluccd  him 
to  receive  from  them  a  grant  of  the  land  he  occupied.  Infiuenced 
as  well  by  Pierre  Duperre  as  with  the  hope  of  not  again  being  disturb- 
ed and  driven  from  their  posses.sions,  ns  they  and  their  ancestors 
more  than  once  h:id  been  by  the  Hriiish,  this  large  body  of  Prench- 
vien  were  also  induced  to  receive  grants  from  JVew  Brunswick  of  the 
land  they  possessed,  fur  whicli  some  were  required  to  pay  ten  shil- 
lings and  others  nothing. 

Aliout  this  period,  171)0,  another  body  of  tho  tlescendants  of  the 
Acadian  or  neutral  French,  who  had  souirht  n  refu;;e  on  the  Ken- 
nebucknsis,  were  there  disturbed  in  tbi'ir  possessions  bj  the  refu- 
gees and  the  acts  of  the  govermnent  of  New  lirunswick;  they  also 
<piit  their  possessions  and  sought  in  like  manner  a  refuge  from  op- 
pression with  their  countrymen  at  Madawascwi.  After  having  ru- 
siiied  at  Maduwasca  some  years,  they  were  induced  as  their  coun- 
trymen had  been,  to  receive  grants  of  the  land  which  they  hud 
taken  into  possession  from  the  government  of  New  Brunswick. 

Single  families  afierwards  added  themselves  to  the  settlement. 
A  few  families  established  themselves  in  1B()7,  a  few  miles  above 
the  mouth  of  IMadawasca  river.  They  all  lived  in  mutual  good  fel- 
lowship, recognising  and  practising  the  duties  of  morality  and  reli- 
gion and  governed  siilily  by  the  laws  of  honor  and  common  sense. 
They  conlimtctl  to  live  in  this  manner  to  as  late  a  period  as  1HI8.  The 
itntish  had  made  no  grant  higher  up  the  St.  John  than  I'ierre  l)u- 
piM'ro's,  and  had  exercised  no  other  acts  of  juris  iiction  than  those 
already  mentioned,  uidess  tho  transportation  of  the  mail  through 
to  (^anaila  and  the  granting  a  (.'ommission  to  i'ierre  Duperre  in 
J7n8  as  a  Captain  of  Militia,  there  being  no  militia  or  military 
organization  there  imtii  28  years  alterwanis,  may  bo  called  acts  of 
jurisdiction. 

In  17t)8,  the  river  St.  Croix  was  determined  and  its  source  ascer- 
tuincd  under  tho  treaty  called  Jay'.-j  treaty.    Jit  this  period  terminate 


«/ 
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31 


all  ncls  and  pretence  of  acls  of  jurisdiction  in  the  Mndaicnscn  scllU- 
ment  few  tlie  liriti.ili — and  for  a  period  of  twenty  ytur.i,  and  until  it 
wan  discovered  by  tliem  tlutl  Mars  llill  was  the  nortliwtst  angle  of 
^ova  Scoliu,  there  is  not  even  an  attempt  to  erercise  jurisdiction.  'I'lio 
coursR  nf  cii-(MiiimtaiiL-cfl  now  liuraiiic  sijt-li  iis  ii;,'iiiii  to  excite  tlin 
(ipirit  of  encron(;litnent,  nnd  they  ii^sucd  two  |)roiM!.ssi's  ti>rniiiKt  citi- 
zens nf  the  United  Stutea  who  hnd  settled  in  tlie  wilderness,  innny 
inileHbeyoiMl  where  the  liritish  had  ever  cxerciricd  any  Jin-isdictiuii 
before,  but  tlicse  were  not  prosecuted. 

In  1824,*  Sir  Howard  Douolaa  arrived  and  took  upon  himself  the 
frovernmenl  of  the  province  of.Vew  Brunswick  as  its  Lieutenant  (Jov- 
vrnor.  In  Ueceinber  of  that  year,  he  appointed  four  tniliiia  (^ap- 
tniuH  and  a  competent  nundier  of  MuhalternH  at  Aladawasca — but 
the  persons  appointed  did  not  accept  their  cotntnissions  until  Jidy 
J82(» — and  suh.secpient  to  that  time  the  militia  were  fully  <>r<;ani/cd. 
Licenses  to  cut  timber  were  also  t;ranted  by  New  Brunswick. 

In  May  18'2."),  l^t.  (i<iv.  Douglas  •.•ranted  a  tract  of  land  to  siimon 
Ilcberr,  at  the  mouth  of  MadawascNi  river.  Jn  May  1825  ho  m,^de 
another  ({rant  to  Francis  Viideti-  of  a  tract  nt  the  mouth  of  (iraiid 
river.  He  also  appointed  and  commissioned  many  other  military 
officers.  In  1827,  seveial  processes  were  issued  ajjninst  citizens  of 
the  United  Slates,  only  olio  of  which,  that  a<!:iinst  John  liaker,  was 
vver  prosecuted,  but  many  of  our  citizens  were  driven  away  by 
them. 

Ill  182J)or  1830,  for  the  fir.«ttimc,  a  civil  ma;;istrate  wa!i  appoint- 
ed in  the  Maduwasca  settlement  and  commenced  acliii;;  iis  such. 
Ill  a  word, /com  the  period  lA.  (lov.  Douglas  entered  upon  the  duties 
of  his  office,  they  have  been  constantly  multiplying  and  extending  their 
acls  of  jurisdiction. 

The  French  inhabitants  of  Mndawns(;n  sny  they  are  satisfied  their 
pottlement  is  within  the  limits  of  the  United  States  and  that  they 
Hhould  like  to  live  under  their  laws,  but  tiie  Itritish  come  nnd  en- 
force their  laws  upon  them  and  tliuy  have  been  obliged  to  submit 
to  their  jurisdiction. 

In  1820  or  Mi'il,  three  or  four  prrsons  went  up  and  established 
themselves  on  the  banks  of  the  Arostook.  Seveinl  from  the  Province 
of  New  ISrunswick  nnd  the  Stale  of  iVlaine,  the  followiii;r  year 
joined  them.  -Ifter  the  rommcncemtnl  of  Sir  Howard  Douglas's'  ad- 
ministration, licenses  were  granted  to  cut  timber  in  this  region  a/so, 
and  civil  processes  were  served  upon  the  inhabitants.  On  this  river 
thvy  had  not,  prior  to  his  administration,  erercised  any  act  of  juris- 
diction whatever,  that  region  adjoining  the  line  having  in  foct  been 
surveyed  nnd  granted  by  Massachusetts  seventeen  years  before  to  the 
town  of  Plymouth  and  Gen.  Eaton. 

Ill  1792,  the  government  of  Massachusetts  contracted  to  sell  the 
tract  of  land  between  the  waters  of  the  Schoodiac,  and  I'cnobscot, 
extending  back  to  the  hi^'hland  of  the  treaty.  This  tract  was  sur- 
veyed under  the  orders  of  the  Governtnent.  The  surveyor  running 
nnd  marking  his  lines  to  hi^rhlnnds  north  of  the  river  St.  John, 
supposed  nt  the  time  to  bo  those  described  in  the  treaty  of  178.1. 

In  1801  she  granted  the  township  of  Mars  Hill  to  the  soldiers  of 


If 


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•2titii  of  Aiierusi. 


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.18 

llii'  revolution.  In  1800  hIic  ^rrnnteil  llio  townKliip  niljuinin;'  iMiirN 
Mill  on  (lit!  West  to  Dturlielil  iiiul  Wi-Hiliflil  Aciiili-nnus.  In  IM07 
nIh!  ;rruntcil  u  townMliip  ol'  liind  lo  tliu  town  of  riynioiitli,  lying  on 
liotli  siilKH  of  tliu  AroHtook  unci  iMiniuitxl  oust  liy  tlio  line  (luo  north 
from  the  Huurce  of  the  river  Ht.  Croix  to  the  liighlumls.  In  1H(M 
Hhe  cunvnyeil  ten  thoniiiitid  ncrea  to  (ien.  bliiton,  huuniled  eitHt  hy 
the  lust  utoreHiiiil  grant.  All  the  aforcKuiil  grnnti*  were  made  pur- 
suant to  actual  KiirveyH,  which  had  heen  previnuHly  nmde  under  her 
nntiiority.  In  1808,  or  hefore,  the  line  Iroin  the  Hource  of  the  Ht. 
(>roi.\  due  north  wax  run  under  the  authority  uf  MuHsnchuseitH  an 
far  as  the  river  ^t.  John. 

In  18'J0un  examination  and  recunnoisanre  was  made,  under  the 
authority  of  Maine,  of  the  whole  country  on  the  AlligaMh  river  and 
on  the  (Ji.  John,  from  tiie  moulh  ot  tiie  Allignsh  lo  the  place  where 
the  line  due  north  from  the  source  of  the  8t.  Croix  intfr)<ectH  it. 
The  same  year,  the  census  was*  tnkt.-ii  in  MaduwuNua,  under  tlic 
laws  and  the  authority  of  the  I'nilcd  HtutcH. 

In  18'24,  the  liund  A;,'3nt  ol  iVIaine  sei/.ed  the  tinihnr  which  had 
been  cut  hy  trespassers  on  the  Arostook.  In  182.5,  the  Land  A^'entM 
of  Maine  and  Massachusetts  conveyed  two  lots, one  to  John  Itaker, 
and  the  other  to  James  Hacon,  lying  on  the  Ht.  John,  ahout  twelve 
miles  above  the  Maduwuscn. 

In  1825,  the  Surveyors  of  Maine  and  Massncluisetts  roinpleted 
the  survey  of  two  ranijci  of  townships,  rxtciidiiii;  north  from  the 
Monument,  at  tlie  soin'ce  of  (he  river  .)t.  Cr.>iv,  to  within  less  than 
half  a  mile  of  the  river  Ht.  John,  and  the  H'atits  divide(!  hetween 
them,  occordini;  to  the  act  of  St^paration  of  M;<in)'  *Vom  Massachu- 
setts, the  townships  in  tiiosc  ranged  which  liad  not  heen  previously 
granted. 

In  I82f>,  Maine  and  MaRsachusctts  surveyed  and  divided  Ave 
ndditionul  ranges  of  townsliiiis,  lying  west  of  the  two  ranges  afore- 
said, and  extending  nearly  to  the  river  Ht.  John.  Ar.d  there  iievek 
has  been  a  moment  during  which  Massachusetts  prior  to  I82U  and 
Maine  since  that  period,  have  ceased  lo  assert  their  jurisdiction  over 
the  wliole  territory." 


Extinct  of  a  letter  from  the  Hon.  Mr.  Kavayiagh,  Member  of 
Congress,  to  Wm.  P.  Preble,  dated  Nov.  li),  18;J1. 

"I  deem  it  material  in  treating  of  the  liistorv  of  tlie  Acadiann,  or 
Neutral  French, /o  present  in  prominent  relief  Iht  facts  allendinc  Iheir 
several  migrations  which  go  most  conclusiveljf  to  show  thai  in  all  their 
movements,  since  their  exile  from  JVova  Scotia,  they  have  endeavored  to 
place  themselves  beyond  the  reach  of  British  jurisdiction.  When  their 
settlement  was  broken  up  in  Nova  Scotia,  a  few  families  escaped 
from  the  troops  and  settled  themselves  on  the  Keimbeckasis  and 
others  near  the  Baye  des  Chnleurs*;  but  the  yoinig  infen  who  were 
not  encumbered  by  wives  and  children  fled  to  Quebec,  then  under 
French  rule ;  there  they  remained  until  the  cession  of  Canada  to 

*I'or  a  liiMory  of  the  outrage  hero  rcfnrrctl  lo,  sec  Halliburlon's  History  of  NuvS 
Scotia,  or  the  North  American  Review  for  January  KM. 


^ 


.'}.'» 


I'jiifliuitl  ill  I7ii;i.  'riii~  f'M  III  I'niifi.il  ilii.'iii  to  ijiiii  Ciiiiiiln  iiiid  I' 
i'tiiiipv<'(l  111  I  I'lacc  uhirli  llicy  nncnviinl.''  ciillcd  St.  Ainn",  wIk 
llic  IDWII  111  rrcili'i'irtDii  liMN  Im'i'ii  ■i'liii'i;  liiiilt.  It  >vhn  iit  lliiit  tiliio 
II  \vil(li'rni-.ss.  'J'lirri!  iliry  liopril  to  rciiiniii  iinknrnvn.  'I'liey 
Ciillici'od  on  tliat  spot  soiiif  of  the  I'lMiinaiit  u\'  ilirir  riii-i',  tind  roiii- 
iMcnred  riiltivatiii;;  tlii;  soil,  iickiiowli'dgiiiK  no  allnginncc  to  any 
power  on  earth,  and  most  rcrtainly  disinclinnd  torotnt  the  attention 
o(  Hritish  barliniity.  In  I7HI  they  were  diseoveied  and  their  liiiid*) 
were  ^(rnnted  to  a  dishanded  regiment  of  Jlefn^'ees,  eommunded  by 
one  (Colonel  l,ee,  (<d  IMassiiehnselt^  it  is  said.)  'I'ho  first  notico 
wiiieh  those  simple  people  had  of  the  (act  waH  tiie  appenrnnee  of 
itritinh  Hiirvcyurs  in  their  peaeeliil  rei;ioii  ;  they  remonstrnted,  and 
as  n  matter  of  cpcriul  favor  they  were  told  that  eaeli  one  mij^ht  re- 
tain his  dwellini;  hoiiae  and  two  hiiiidred  feet,  ot'  land  around  it. 
They  Hoon  learned  the  deseription  of  the  lioundary  as.si^'ned  to  the 
I'nited  States  in  that  (pinrter  hy  the  'I'renly  of  l7Hrj,  and  their  un- 
Nophistii  nted  inind.s  pointed  out  to  them,  at  onee,  the  hiithlnnds 
north  of  the  St.  .lolin,  as  the  lii;,'lil,iMil,s  named  in  the  treaty.  It 
followed  of  eoiirse  in  their  proeess  ol"  nMsoninir  that  the  line  rnii- 
niiijr  due  nortii  from  the  St.  <.'roix,  must  neeessaiily  eros.s  the  river 
St.  John,  nnil  they  retreated  to  a  point  more  than  thirty  miles  west 
from  the  .xpot  where  the  eastern  li'iiinilaiy  of  the  Stale,  ns  estab- 
lished in  I7!t8,  interseets  that  river,  and  in  that  plaee,  near  tlio 
month  of  the  Uludawasea,  lliey  w-aleil  tliemselve.s  with  the  firm 
belief  that  the  boundary  of  the  I'lijteil  Slates  inlerposi-d  n  barrier 
liehind  whieh  they  wonld  ever  he  secure  from  the  'J'yranny  of  a 
power  wliii  ii  had  for  so  many  years  oppressed  their  aiieestors  and 
theinselve.s. 

Mr.  I)i<an(!  has  e.xplained  in  his  eommiinientions  the  ninnner  in 
whieh  they  were  indiieed,  in  I7!l()  and  I7!>1,  to  reeeive  i;raiUs  from 
the  Provineial  authorities  of  New  Itrnnswiek  of  the  farms  which 
they  oreiipicd. 

Ifi  recfard  to  the  erelesiastieal  jnrisdietion  exereised  by  the  Cntlio- 
lie  Itishop  of  lioston  in  the  Madawasea  settlement,  I  learn  that  the 
prwscnt  Itishop,  when  he  took  eliar<;e  of  his  diocese  in  182'i,  received 
Ironi  the  present  Hishop  (d'tineliee  an  ofli;r  to  interehanae  faeultiea 
on  the  line  diviilintf  tiie  limits  of  their  Seas,  and  it  was  done." 


Note.  S<"o  iIh' (Icpo'iilioiis  (if  »p\cral  nf  llir  MailiiMnsoa  seltli-rs,  Uiki'ii  No\ 'r. 
11(21),  priiilcil  III  till-  Aiipciiilix  til  till-  Ainoiirnii  Sliili'inoiils,  niigo  itl'J  lo  3^l(i.  The 
ijiflinsilion  to  sonllit'  tlirsr  srlllrrs  ami  tlioir  rt'inif^naiicv  In  iNi'W  llniiiswick  ii*  very 
•  loarly,  tlioiigli  imidoiilallv.  alliiilcil  tn  in  tli<"  lotlor  nC  l.onl  norclu'stcr  iif  9tli  July 
I7II7,  to  John  Holland,  ami  liis  ri'pK ,  ilnlcil  Jlitli  of  llm  Kanic-  month,  priiilcit  in  the 
same  Ap|H'iiilix,  pngf!>i  tt'i,  l-t3.  Hi'*  l.orilship  savi,  "you  will  nejricrl  no  oppnrtu- 
iiily  of  assiirin;;  all  porsons,  »  »  »  *  partiriilarly  tlic  Arcinlians  in  that  vicinity,  of 
llif  gooil  dispositions  of  (iovorninrnt  in  tlirir  favor  as  ixjircssod  in  th»'  riiclospil  Aliii- 
iiti'ii  of  Couni'il.  which  yon  will  coinmiinicatc  lo  llicni  leaving  copies  thereof  with 
"ininc  of  the  people  for  iheir  satislaclion."— The  ininnlcs  of  ( 'oiiiicil  here  referred  to, 
stale  "his  Lordship  proposed  and  the  ('oiincil  concurred  in  iiiilhorizing  Mr.  Holland 
to  give  assurances  lo  all  persons  lo  sellle  ihere,  hikI  esjiecially  the  .\ccadians  in  that 
\icinilv.  of  the  favoralih'  inlcnlions  of  this  (lovernment  lo  ibciie  graiitb  in  llieir  favor 
(or  three  hundred  acres  lo  ihe  head  of  crerv  (ainilv,"  &<-. 


T 


1 

,  I 


■>   V- 


■  '1 


•M 


m"^h3^* 


1^    ^ 


i\u.  :». 

Hitrttcl  J'roiii  till  Arffiiiiiint.i  of  tin  Uriiisli  Agt:nt  under  the 
Tmittj  of  niM. 

ir  it  cmi  l)u  hIiuwii  tlint  ilic  river  Kcoudiar,  ho  cnllcil  liy  llio 
liiiliuiis,  is  tlic  rivur  St.  Ooix,  and  lliat  ii  lino  uloiifi;  tlio  niiddlu  ut'it 
to  it«  Monnui,  togtjiliur  witli  a  liiii  itiit  north  from  its  source,  Jbniir.d  a 
purl  o/  the  ii'tntern  boundaries  uj'lht  province  of  N'ovn  Scotia,  luid  ihnt 
the  hiffhlands  formed  the  northern  lioiindiiri/  line  ol"  tliiH  pruvincu  »< 
Me  time  the  trentif  of  peace  was  rnadi',  so  as  to  form  the  northwest  anf(le 
o/  .Yovn  Scotia  l>y  the.it  western  and  northern  Imundurits,  tliij  intention 
of  the  treaty  of  puace  is  ut  unce  asceitained  in  the  great  point  in  con- 
trovers'/.  *»«**»« 

All  till!  Frrncli  possrtssions  npon  tlio  continent  of  Nortli  Anierivn 
l>t<in<;  by  that  treaty  (I7<vl)  ceded  to  (iruut  Itritain,  the  iirovincu  of 
Itnnliee  was  created  and  cstablislied  Ity  thu  Koyal  Proclainutioii  of 
the  7tli  Octulier  in  that  year,  and  bunnded  on  the  south  by  tlio  liigli- 
lanils  which  divide  the  rivers  that  empty  tlicniselveii  into  the  rivur 
St.  Lawrence  from  ihoi^e  which  fall  into  ihu  sea  o  '  \llantic  occnit ; 
thereby  alterinj^  the  north  boundary  of  tin;  proviin.'c  of  Nova  Scotia 
IVoni  llie  southern  sliofc  of  the  river  St.  Lawrence  to  those  high- 
lands. *«»###« 

It  is  .sufTicient  hero  to  observe,  that  nt  the  lime  the  treaty  of  pcaco 
was  made  in  I78.'i,  the  provinces  of  Quebec  and  Novaricotiubelon^rod 
to  ami  were  in  possession  nC  the  crown  of  Ureal  Britain,  and  that 
his  Britannic  Majesty  at  that  lime  lind  an  midonbted  right  to  cede 
to  the  United  States  of  America  such  part  ol  these  territories  as  ho 
iiiii;ht  think  fit,  and  that  in  niakiii!>  the  ccs.sion  of  thu  territory  coni- 
pri.'^ed  within  thu  boundarieH  of  the  United  States,  as  described  in 
the  second  article  of  the  trt;aty  of  peace,  his  Majesty  must  bo  sup- 
posed to  have  used  the  terms  ('.-si-riliiiig  these  boundaries  in  the 
sense  in  which  they  had  l:een  uiiiiorinly  iiiKlerstood  in  the  British 
nation  and  reco^rni/vd  in  public  ilocuui'Uits  and  actsof  goveriimont. , 
111  this  sensu  and  in  no  other  could  they  have  been  then  undorstooif, 
or  can  they  now  be  claimed  or  insisted  upon  by  tbo  United  States. 
Ill  this  sense  and  in  no  other  is  liis  Majesty  bound  to  give  the  po»- 
session.         #»««»** 

As  then  at  the  treaty  of  pence  in  1783  the  northern  limit  of  tlio 
province  of  Nova  Scotia  wan  a  line  along  the  highlands  which  divide 
the  rivers  that  empty  themselves  into  the  river  St.  Lawrence  from  those 
which  Jail  into  the  sea,  it  un(|uestioiiably  follows,  that  the  uorlhwesl 
angle  of  .Vovn  Sfotia  at  the  time  of  the  treaty  of  peace  in  1783  was 
that  angle  which  was  formed  fci/  a  line  drawn  due  north  from  the  source 
of  the  river  St.  Croix  to  those  highlands. 

Can  it  be  believed  or  tor  a  iiioinont  iiiingiiiiMl  that  in  the  course 
of  huiiiaii  events  so  exact  a  coincidence  could  have  happened  lie- 
Iwecn  the  actual,  real  boundaries  of  ihc  province  of  Nova  Scotia 
and  the  linuiidarics  of  it  (lescrilii'd  in  litis  Iri'aty,  (178!)  if  the  latler 
liad  not  been  dictated  aiul  re^'ulalcd  by  ilic  foimer. 

*  *  *  A  /  <(  ■•  » 


"  /■ 


86 


"A  line  duo  north  rroiii  a  Bourne  nf  die  wsHtern  or  main  branch 
of  the  Bcoutliac  or  Ut.  Croix  will  Tuliy  itecure  this  uffuct  to  the  United 
Htntes  in  every  instance  and  also  to  Great  Britain  in  all  inatances 
except  the  river  St.  John  wherein  it  becomes  impossible  by  reason 
that  the  source  of  this  river  is  to  the  westward  not  only  of  the 
western  boundary  lino  of  Nova  Scotia,  but  of  the  aourcun  of  the 
I'enobscot  and  even  of  thu  Konnuhec,  so  that  this  north  line  must 
of  necessity  cross  the  river  St.  John.  But  if  a  north  line  is  traced 
from  the  source  of  the  Cheputnateeook,  it  will  not  only  cross  the 
river  St.  John  within  about  fiAy  miles  from  Frcdcricton,  the  me- 
tropolis of  New  Brunswick,  hut  will  cut  otl'tho  sources  of  the  rivers 
which  fall  into  the  Buy  of  Chaleurs,  if  not  of  many  others  probably 
the  Mirramichi  among  them,  which  fall  into  the  gulph  of  St.  Law- 
rence." 


^ 


Letter  0/ Robert  Liston,  Esquire,  Minister  Plenipotentiary 

of  Great  Britain,  at  Washington,  to  the   British  Agent 

Wider  the  Treaty  of  1794. 

pBoviDENCE,23d  Oct.  1798. 
Private. 

Sir — I  have  considered  with  attention  your  letter  of  this  day, 
and  it  appears  to  me  evident  that  Me  adoption  of  the  river  Cheputna- 
teeook aa  a  part  of  the  Boundary  between  his  Majesty's  American 
dominions  and  those  of  the  United  States,  in  preference  to  a  line 
drawn  from  the  easternmost  point  of  the  Scodiac  Lakes  would 
be  attended  with  considerable  advantage.  It  icoulJ  give  an  addition 
of  territory  to  the  Province  of  J^exe  Brunsioick  together  mth  a  greater 
extent  of  navigation  on  St.John't  river:  and  above  all  a  larger  stretch 
of  natural  frontier,  calculated  to  prevent  future  difficulties  and  dis- 
cussions between  the  two  countries.  If  therefore  by  assenting  to 
the  proposal  of  the  American  Agent  you  can  bring  about  the  unan- 
imous concurrence  of  the  CommisHioners  in  this  measure,  I  am  of 
opinion  that  you  will  promote  His  Majesty's  real  interests:  and  I  will 
lake  the  earliest  opportunity  with  a  view  to  your  justification,  of 
expressing  these  my  sentiments  on  the  subject  to  His  Majesty's 
Secretary  of  State. 

I  have  the  honor  to  be  with  great  truth  and  regard.  Sir,  your 
most  obedient  humble  servant,  ROB.  LISTON. 

Ward  Chipnmn,  Esq. 

(NoTK.  The  rii'er  Clifjmlnatirnok  wa.i  selrrleil  and  oslahlishcd,  ns rccomiiieiid- 
cd  III  llie  abcivc  Irlter,  lo  1«j  lit*  river  St.  Ctoix.     For  further  cxtracU  from  tlie  Ar- 

giiinvut  of  Uic  Britisli  Agciil,  sou  Appendix  lo  Anicricon  Slalcmcntii,  pages  370  to 
.74.J 


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